Rental liability after relationship breakdown

[Deleted User]

I have lived in a private rented house for the past 4 and a bit years with my partner, or should I now say ex-partner who decided to move out on Friday back to her parents.

The tenancy agreement is in both names, and she is stating she won't pay anymore now she's moved out of her own choice.

Can anyone tell me where I stand.

The matter is complicated greatly by the fact we have two large dogs, a Newfoundland and Tibetan Mastiff. This means I have very little scope for moving anywhere else which a) allows pets nevermind dogs my size and b) is near the 50% split in rent I have been paying whilst living with my partner.

Are contract has been on a rolling year basis now since the second year of living here. We have until 13th January 2015 left as it stands.

I've agreed with her that bills wise I will take all these on but she will have to maintain paying her half of the rent until either the end of the current tenancy or I am able to find somewhere else or fund staying here fully myself.

Any advice would be welcome, quite a distressing time on top of the fact I'm losing the person I love

Yorkie1

Sorry to hear what's happened.

Your liability for rent is what's called "joint and several". This means that each of you is liable for the full rent. There's no legal concept of each person owing only half. So if she stops paying, the LL can come after you for the whole rent (though you could try suing her separately for half of the rent based on a prior agreement about who would pay what, I think).

If you cannot afford to keep living there paying all the rent, your options are limited in reality to trying to get someone else in (if the LL agrees and space permits), or moving out under your own steam or after eviction for non-payment of rent. It will make it even harder to get a new place if you have to be evicted, so that really is the path of last resort.

Make sure you claim single person's council tax benefit. Check to see whether you're entitled to local housing allowance. Go onto the Debt Free wannabee board to see if you can cut expenditure any further, and speak to CAB or similar to decide where to prioritise your present expenditure (e.g. paying rent before you pay fuel or whatever is best).

If you're going to struggle to make a rent payment, let the LL know rather than let them find out the hard way in their bank statement.

Jenniefour

OP, sorry to hear of your situation.

Check your contract to see if it's possible to give notice so you can leave earlier is you want to do that.

Pixie5740

Yorkie1 is right you're both jointly and severally liable for the full rent. Do you have a spare room that you could rent out to a dog loving lodger that could help take the financial pressure off?

[Deleted User]

It's a 3 bed house so I don't think there'll be any housing benefits available to a single person living in a house with that many bedroom and secondly I probably earn too much to be considered for such things.

I've already initiated the single person discount on the council tax over the weekend.

I could pay the rent fully but it seriously leaves me at the very limit with no scope for emergencies or any luxuries.

It would also entail the cancelling of things like pet insurance which would be a ticking time bomb with sod's law only too keen to kick in as soon as I do.

Agghhh I tell you it's never worth getting involved in a relationship full stop, almost 6 years lost and a stuck in the mire at the end.

TBagpuss

As Yorkie says, you are jointly and severally liable, so the landlord could chose to pursue either, or both of you, for any arrears. However, as you're living there, the landlord is probably more likely to come after you on the basis that you are actually living there.

How big is the house? Would your landlord agree to you taking in a tenant to help cover the rent?

houseimprover

if ur tenancy allows it look at letting out a sub room

G_M

Find a lodger.

If the full rent is not paid, the landlord can choose to chase eithet you for the arrears, or your ex, or both.

But given that you still live there, you are the easier target.

Additionally, if the arears mount up, a S8 Notice (eviction) will follow.

You could try pressure on your ex to contribute, followed by legal action against him, but that's a real hasstle.

otherwise, check when your contract ends and start looking for somewhere cheaper.....

Smi1er

What's the terms of your tenancy as I don't understand how it is yearly rolling.


When did you sign it, and what term was it?


Most are 12 months and then go to a rolling monthly contract.

G_M

Smi1er wrote: »

What's the terms of your tenancy as I don't understand how it is yearly rolling.


When did you sign it, and what term was it?


Most are 12 months and then go to a rolling monthly contract.

Presumably the rent is paid yearly, in advance............

[Deleted User]

Nope, found out today it's a monthly rolling.

I'm just going to have to cut some bills such as pet insurance and pay myself.