Son been chucked out of rented home yet is on the tenancy??!!

Katyboo

Hi Guys

Am seriously in need of some advice here

My sons relationship with his partner has broken down and his ex literally chucked his stuff on the street, despite him being on the tenancy and some utilities etc.

Now despite the circumstance me and the OH and my son dont want her to be out of pocket as they both signed the tenancy etc BUT!!
I am angry at the way she went about things and the fact that she sneakly took his keys whilst he was packing the last few bits of his things and yet he still has his laptop and stereo there.

He does not have a copy of the tenancy agreement or a key now what do we do?

Not sure how legally obliged he is to keep paying his half of the rent and bills?

I have told him to call the letting agency to get a copy of the tenancy agreement but he is not being very proactive at the moment.

It is so frustrating right now as I hate to see any of my kids go through this but any help or advice would be gratefully recieved...

Many thanks

Kat

Pixie5740

If it's a joint tenancy then they both have joint and several liability for the rent and any damages to the property. Your son moving/being chucked out doesn't change this. This also means that it only requires one of them to end the tenancy.

Your son should speak with the LL about the situation and see if there's anyway the tenancy can be changed from joint to her name only (she would need to agree to this too) or if the tenancy can be ended completely.

He should also read this cab guide to ending a relationship when you're living together.

http://www.adviceguide.org.uk/england/relationships_e/relationships_relationship_problems_e/ending_a_relationship_when_you_re_living_together.htm

theartfullodger

Shelter - the experts in such matters - have a 48 page booklet on housing & relationship breakdown: It's complex..

england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

Is the tenancy still in fixed term or now rolling on, month-by-month, "periodic"? I periodic he (or she) can end the tenancy by giving notice: End it for both of them.

She may be viewing thread.

Which country is property in?? (I know law in Scotland is different)

Generali

I'd post on here if I were you:

http://boards.fool.co.uk/legal-issues-practical-51110.aspx?mid=13166145

There's a poster called Clitheroekid who is a lawyer and very good.

Katyboo

Thanks guys....

I have no idea what type of agreement he had which is why I am urging him to get a copy. Will go read up on those links you posted.

G_M

Has he any paperwork that proves he lives there?

A locksmith will break in (and change the lock if asked) but only if he can prove it's his home!

If doing this, it might be worth chatting to the local police first (again - convince them it's his home) to warn what he intends and that he fears a breach of the peace if his ex tries to stop him entering.

he risk is she claims he is violent, and he ends up being investigated, hence the advice to convince them first that he isbeing reasonable - she is not.

agrinnall

Sounds like it should be Relate he needs to speak to (both of them in fact); regardless of whether he has a legal right of access, if the relationship isn't working then living in the same property is going to be a disaster.

pyueck

Ideally he needs to agree with his ex a fair plan. If it is not possible then can he not go through a third party, a mutual friend etc.

Really as hard as it is the key in this case is communication. They signed a joint tenancy and therefore it is in all parties interest that they end this in a sensible manner.

Your son is still jointly liable for the rent and bills to the property. He needs to find out if he is still in contract and if so how long for. If he is on a rolling contract I suggest he puts his one month notice in. If the property is on a contract then I would try to speak to the landlord to see if an early surrender is negotiable. If this is not possible he will have to come to a deal with his ex of how much each party will pay.

Legally she has no right to deny him entry to the property, it is as much his home as her's. However be careful doing this if you feel the situation may turn nasty or allegations may be made.

Maybe leave it a couple of days to let the heat go out the moment and allow everybody to speak calmly.