cutting off energy to get rid of partner

BigAunty

fennymum wrote: »

Thanks. I understand that she would still be liable for the rent (she would stay with me rent-free), but I believe that so long as she gives notice of her intention to quit the property, then the tenancy agreement would expire. Would the partner also need to give notice, or would he become solely liable for a rolling agreement? Up until now, the lettings agency have always refused to let the agreement go onto a monthly basis, and have always insisted upon a new 6-month contract.

Do verify the bold part with Shelter who provide free expert advice to tenants. This is because I've come across posts (sometimes disputed so I don't know the legal position) that indicated the joint and several liability that belongs to this type of agreement requires both parties to vacate and that if one remains in place, the liability for the other tenant continues. Don't know so do check but perhaps another poster knows the position or Shelter can clarify.

Only one person in a joint tenancy agreement needs to serve notice and it affects the other, it's what happens if one doesn't move out and doesn't pay the rent that needs to be checked.

The Shelter website is a good point to understand what the options are when one tenant wants to leave and the other doesn't - the landlord can set up a new agreement with the remaining tenant.

How old is her ex? A person under the age of 35 is only entitled to the shared accommodation rate of Local Housing Allowance (HB) which is usually considerably less than the 1 bedroom rate that a couple can have. Check how much the rent is compared to how much the LHA is, according to his age (shared rate for under 35, 1 bedroom rate for 35 years plus). A landlord is likely to know the going rate and won't be happy to continue the tenancy with a sole tenant on benefits if the LHA is a lot lower than the rent as rent arrears are likely to result. Some will have a blanket policy of not letting out to a HB claimant, full stop.

ACG

Would you really want your daughter moving back into a property she has lived in with a druggy ex? I would imagine the better option would be to move onwards and upwards.

Also bare in mind the tenancy agreement is joint, once it finishes it just goes to a rolling contract. You would need to make the landlord aware so your daughter is not charged for any damage.

Guest101

The best way to do this, is to move out and tell the landlord- best to keep on side.

The rent liability could be sorted this way too.

To answer another poster, a restraining order would take weeks or months, cost money and even then would be difficult to get to actually ban him from his home.

Remember that she could still be liable for any outstanding council tax and obviously the deposit is up for grabs too.

What outcome do you want ? It's unclear to be honest

jamie11

Joint tenants together make up 'the tenant'.Her moving out makes no difference whatsoever to her liabilities.

G_M

fennymum wrote: »

Thanks. I understand that she would still be liable for the rent (she would stay with me rent-free), but I believe that so long as she gives notice of her intention to quit the property, then the tenancy agreement would expire. Would the partner also need to give notice, or would he become solely liable for a rolling agreement? Up until now, the lettings agency have always refused to let the agreement go onto a monthly basis, and have always insisted upon a new 6-month contract.

1) NO notice is required to end the tenancy on the last day of the fixed term
2) so any notice she gives before then will have no legal meaning
3) If any one of the joint tenants stays beyond the last day of the fixed term, a periodic tenancy will arise, and both/all joint tenants will remain liable for rent.
4) Once a Periodic tenancy has arisen, THEN either tenant can give notice to end the tenancy (a full tenancy period notice)

Tiddlywinks

jamie11 wrote: »

Joint tenants together make up 'the tenant'.Her moving out makes no difference whatsoever to her liabilities.

Yes... joint tenants are jointly and severally liable for the contract... so she can't just tell the landlord she's moved out and walk away with no responsibility for damage or payments.

Speak to shelter.

BigAunty

The OP has described the tenant as 'troublesome' and an addict. I don't know the types of grounds in which an occupancy order is granted by the court to exclude the other tenant but it might be worth looking into

http://england.shelter.org.uk/get_advice/relationship_breakdown/occupation_orders

If the female tenant is experiencing any domestic abuse (note that this isn't just restricted to physical violence) then she should contact Womens Aid (their site gives pointers on what constitutes DA) as they offer advice to women, including their accommodation options, legal action, etc.

Ulfar

One or both joint tenants can give notice to end a tenancy agreement after the fixed period, its on the shelter website.

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies

This would end her liability for rent, if the other tenant didn't move out it is then up to the landlord to evict them or grant them a new contract.

As for the utilities, she should advise the companies she has moved out, provide meter readings and give them the name of the remaining tenant. This will end her liability for bills. Council tax as well.

fennymum

Many many thanks for the extremely helpful support. The situation has come to a head in the last two weeks because of my daughter's suicide attempt. However, she made contact over the weekend with a previous girl-friend, and has presented him with the information which emerged. He has now signed a joint resignation of the tenancy.

Luckily, the childrens' father is being extremely supportive, and so is my daughter's dad.

There will still be some money issues to sort out, but hopefully that will be all.

My daughter suspects that he has been 'grooming' a new victim, and she now has to decide whether or not to contact her.

Brock_and_Roll

As a matter of interest re cutting off of utilities, there was an extreme money-saving chap in the news recently that reckoned that he used so little water, it was cheaper to buy it bottled.

So he asked the water company to cut off his supply - but they refused as it is apparently illegal for them to cut off supplies to an occupied property. In the end he cut a deal by paying them £1 a year!