tenancy questions- divorce

G_M

Bit confused prince...

princeofpounds wrote: »

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Pinkshoes and G_M have given you some good advice. Unfortunately much of what Thegirl has written is wrong,

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- you do not need legally to give notice no matter what the contract says if you terminate the tenancy at the end of a fixed term. Though it's fair to inform the LL of your intentions of course.

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Yes you will have to give two months notice if that is what your contract says.

Was thisa slip of the keyboard?.....

neneromanova

I think princeofpounds was quoting thegirl but didn't use quote brackets.

OP's husband doesn't pay for the rent. She is still paying for this and the rent on her new place if that helps people advise her.

princeofpounds

Oops!

Originally Posted by princeofpounds

If he chooses to stay past the tenancy end then he will presumably be squatting,

I disagree . If he has lived in the house as an invited party during this tenancy then he cannot be a squatter, excluded occupier? maybe, but even that is debatable. He does not go from one to the other simply because they are divorcing.

Ummm... I didn't post that. I think you confuse me with another poster. But it's my fault really because...

To end a fixed term tenancy in England???????????????

Was thisa slip of the keyboard?.....

Sorry yes!!! This was a slip of the keyboard.

As pointed out I had copy-pasted the post I was replying to and forgot to delete it.

teawithmilk

Thanks the tenancy is in my sole name. I know I was breaking the tenancy by having him there anyway even though we are married...it was my only optuion at the time as his credit record is so bad.

I am paying the rent...he pays me some money towards rent and other utilities every month.

Now that I have moved out I know I will still be liable for the rent, which is fine. He is just beng very nasty and awkward with me which is now starting to wind me up as I feel I have been more than fair letting him stay on in the house but if he is going to play silly so-and-so's the I need to consider what my options are- other than getting two burly bouncers to throw him out.

ValHaller

jamie11 wrote: »

I disagree . If he has lived in the house as an invited party during this tenancy then he cannot be a squatter, excluded occupier? maybe, but even that is debatable. He does not go from one to the other simply because they are divorcing.

I don't see the divorce as relevant here - apart from being how the situation arose.

The questions in my mind are

• What was his status when OP was in residence?
• Does his status change if OP relinquishes the tenancy?
• Can OP relinquish the tenancy with her ex still in residence?

G_M

ValHaller wrote: »

I don't see the divorce as relevant here - apart from being how the situation arose.

The questions in my mind are

• What was his status when OP was in residence? Lodger/Excluded Occupier?
• Does his status change if OP moves out? Becomes sub-tenant (esp aspaying rent toOP)
• Does his status change if OP relinquishes the tenancy?see below
• Can OP relinquish the tenancy with her ex still in residence? No.I don'tsee how.

But must admit to uncertainty.

lighting_up_the_chalice

ValHaller wrote: »

I don't see the divorce as relevant here - apart from being how the situation arose.

The questions in my mind are

My opinion differs slightly from GM.

ValHaller wrote: »

• What was his status when OP was in residence? Lodger.
• Does his status change if OP relinquishes the tenancy? Yes, but she hasn't, so neither has his status.
• Can OP relinquish the tenancy with her ex still in residence? No. She is responsible for his continued occupancy.

The OP should really be getting him out of the property ASAP, and certainly before it expires. I would suggest requesting he leave and, if he refuses, calling the police, showing them the t/agg and asking them to remove him. SHE is the tenant. At best, HE is her lodger. As she still has rights of access, he does not have exclusive possession and isn't a tenant.

G_M

lighting_up_the_chalice wrote: »

My opinion differs slightly from GM.

Actually lutc, we seem to agree.

You'll note I deliberately altered the 2nd question.

If OP moves out, but retains the tenancy, then hubby's status changes from lodger to sub-tenant (no longer sharing with landlady/OP).

If OP relinquishes the tenancy, she must first evict hubby, so his status becomes immaterial.

lighting_up_the_chalice

G_M wrote: »

If OP moves out, but retains the tenancy, then hubby's status changes from lodger to sub-tenant (no longer sharing with landlady/OP).

That's the bit I'm not sure of. Unless he has exclusive possession, he hasn't got a tenancy. Even if the lead tenant were to move out, her actions wouldn't necessarily transfer any of her tenancy rights to him. But, as I say, I'm not sure. It's an interesting situation which must have arisen before now.

Either way, if she serves her notice ASAP, that should resolve that little conundrum.