We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Tenancy contract help
Comments
-
Is there a break clause in the new contract you signed, or is it definitely fixed?
You mention that you both paid the deposit - worth noting that even if one of you moved out, the Landlord won't release your half of the deposit whilst the tenancy agreement is in place; the person staying will either need to 'buy' the other out (and bear the cost of any deductions when the tenancy ends) or the person leaving will have to wait until June for their half.
If your ex wants to stay and is happy to sign a contract to this effect, you could speak to the Agent or Landlord - if there's no cost associated with finding new tenants etc I can't see why they wouldn't agree to this.0 -
Why did she not sign the contract?
Was it an oversight or is there some material fact (that you were all aware of) which meant the contract was changed?0 -
Do not under any circumstances move out and leave her in the property. She will get all the protection of being a (sub) tenant - including difficulty with eviction, whilst you will still have all the responsibility of being a tenant (and owing the full rent.
Do you want to become her landlord? And have to delare her rent to you as (taxable) income, whilst still having to pay the full rent to the owner/landlord?
The ideal solution is a friendly discussion with the LL and agreement to an 'Early Surrender' of the tenancy. You both move out and start your lives afresh.
Option 2 is that she moves out and you stay for the remainder of the tenancy, paying the full rent, with or without new lodger.0 -
Surely if separate contracts were signed then it is not a joint tenancy?We each signed separate contracts, though it was a joint tenancy agreement.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Why did she not sign the contract?
Was it an oversight or is there some material fact (that you were all aware of) which meant the contract was changed?
Naivety.
When we moved in, we both envisaged that the only reason we'd move out is if we were doing so together.
We'd lived together for two years previously without any issue.
While hindsight has proved me wrong, our thinking at the time was insisting on signing separate contracts would be akin to signing a prenup. One is bound to ask the other 'why would you need to do that?'0 -
Surely if separate contracts were signed then it is not a joint tenancy?
We both had separate references and both filled out separate forms, but I know I am the only person liable for the full rent as it only comes out of my account.
I do remember specifically though that, when the renewal came up, they asked both of us to sign the contract, but they have never chased up the fact that she didn't sign it (presumably because the money has kept rolling in).
I've asked the letting agent what kind of contract it is.0 -
If she is desperate to live there, and you are not, then getting the landlord to agree to formally assign the tenancy to her would be a good option. This needs to be documented in writing.
Of course the landlord is not forced to do this. Particularly as if you are the wage-earner you are better security for him.0 -
One thing you have to consider - my ex girlfriend is completely unaware of the law here.
It could be a case of showing my hand: If I go to her and say 'I've looked into it and you hold all the power, would you kindly sign a form to hand some of it over?' she could then become more staunch in her approach.0 -
One thing you have to consider - my ex girlfriend is completely unaware of the law here.
It could be a case of showing my hand: If I go to her and say 'I've looked into it and you hold all the power, would you kindly sign a form to hand some of it over?' she could then become more staunch in her approach.
What do you mean?
Legally she is a lodger at best and you can tell her to move out tonight.
Based on you having signed a contract and her not having signed.If you've have not made a mistake, you've made nothing0 -
I could, yes - but what if she point blank refused and what if she stops paying rent to me, leaving me liable for the full whack?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards