Ex still in house rented in my name

BigAunty

Perhaps the OP should just be honest with the agent, tell them that they've moved out and want to serve notice but that their ex is showing signs of resisting formalising his tenancy because of his credit check worries. She's responsible for any rent or damage whether she is present there or not.

Even though she's breached her contract by subletting the property without permission and would ordinarily get a terrible reference from the landlord, she's already found new accommodation so perhaps this mitigates the impact of being, frankly, a very poor tenant.

She should tell the letting agent that they must either serve her notice of possession back in order to prepare to take legal steps to regain possession if her ex refuses to move out at the end of the fixed term (or end of the notice period that the landlord serves, whatever is the legal deadline) or formalise a new tenancy with him now by accepting her surrender and drawing up a new sole contract in his name.

That way, she is just liaising with the landlord/agent and can step back and refuse to communicate with her ex over matters as it's out of her hands, she's done the honest thing after previously being deceitful to the landlord. She doesn't owe her ex the right to secretly assuming the tenancy that is held in her name and all the attendant risks. He needs to take responsibility and accept the consequences of having an appalling credit record, not her. They are not in a relationship and going their own way on paper as well as physical location is the norm. He needs to suck it up and liaise directly with the agent.

OP has a contractual relationship with the landlord. Ex has no relationship with either OP or the landlord and needs to pull his thumb out of his a*r*s* and find his own accommodation rather than remaining dependent on her. She needs to tell him to grow a pair and accept he must move out if the landlord won't accept him as a tenant - if the landlord isn't prepared to take the risk on him, why should she? She owes him nothing, he sounds immature what with the emotional blackmail.

Serve notice, tell the agent about the situation, refuse to engage with the ex - tell him his energies would be better spent on repairing his credit record, finding a guarantor, finding alternative accommodation. Don't answer his phone calls. Accept that by moving out, any spiteful behaviour that your ex mounts is the risk that you took by leaving him in the property.

Yorkie1

BigAunty wrote: »

She doesn't owe her ex the right to secretly assuming the tenancy that is held in her name and all the attendant risks. He needs to take responsibility and accept the consequences of having an appalling credit record, not her.

OP has a contractual relationship with the landlord. Ex has no relationship with either OP or the landlord and needs to pull his thumb out of his a*r*s* and find his own accommodation rather than remaining dependent on her. She needs to tell him to grow a pair and accept he must move out if the landlord won't accept him as a tenant - if the landlord isn't prepared to take the risk on him, why should she? She owes him nothing, he sounds immature what with the emotional blackmail.

See bold bits. This is where we are not sure of the accuracy of what you've stated. OP has moved out and now accepts rent from the ex. Therefore there is a significant risk that she has created her own tenancy between her and the ex. If that is the case, and it's an AST, then it would appear that the ex has security of tenure for 6 months - s21 could be served at any time by her, to expire at the end of the 6 months.

I wonder whether a bit of legal advice for OP might not go amiss? I agree that the proper LL needs to know about this but OP also needs to know how to approach this before telling the LL. Or at least perhaps Shelter might be able to advise her?

LannieDuck

Hi TWM, glad you've come here for advice on this. Hope someone's able to help.

From reading TWM's other thread, ex is likely to just ignore the deadlines and carry on living there unless something forces him to change. He's not going to be reasonable about this, and he hardly ever responds to communication from TWM unless it's in his interest.

RAS

Yorkie1 wrote: »

See bold bits. This is where we are not sure of the accuracy of what you've stated. OP has moved out and now accepts rent from the ex. Therefore there is a significant risk that she has created her own tenancy between her and the ex. If that is the case, and it's an AST, then it would appear that the ex has security of tenure for 6 months - s21 could be served at any time by her, to expire at the end of the 6 months.

I wonder whether a bit of legal advice for OP might not go amiss? I agree that the proper LL needs to know about this but OP also needs to know how to approach this before telling the LL. Or at least perhaps Shelter might be able to advise her?

Just to add that the S21 need to be served to meet the March deadline (end of tenancy is 20th if I recall correctly).

Also to add that twm and ex are divorced (he is no longer a member of her family legally).