Ex not paying rent in joint tenancy

sharp910sh

Hello. I have a problem with my current rental property and my ex

We both signed a new tenancy to rent a new place. However. A couple of weeks after she cheated and decided to move out with her new fella. She said she would pay the rent and bills such as standing charges. She paid the rent and bills for 4 months.

We have a 12 months contract between both of us, we are joint tenants. However she has stopped to paying the rent.

I have wrote to her numerous times telling her I will have legal action against her if she does not pay her portion of the rent. She responded saying she will pay the rent and not the bills. She has yet to pay this months rent.

I emailed her this month telling her she must pay or I will.be taking legal action.

She has even tried to go to the estate agent to cancel the tenancy. However, I will need to agree the estate agent said. I will not agree to forfeit the tenancy.

So what options am I left with, there is 6 months on the tenacy left?

I see I can take her to the small claims court and most likely win, as we have a signed tenancy and evidence to show that she was paying £435 towards the rent a month.

Should I keep sending her letters demanding she oay the rent as per the contract? Before I do go to the small claims court. And how long should I wait.as currently I am paying all the rent.

Thanks

Sharp

Pixie5740

There is no "her portion" of the rent. You both have joint and several liability for the whole rent. Can you afford to pay the full rent and bills on your own? If not then I think it is sensible to try and agree an early surrender and find somewhere more affordable to live.

If you do want to take her to court then do so. Letter before action and then court. Sending letter after letter and taking no action won't get you anywhere. Although as I said I'm not sure how you will get on since there is no "her half" and "your half" of the rent. Also winning a judgement against someone is one thing. Enforcing the judgement is another.

sharp910sh

I know there is no my half and her half. However, we agreed between us to pay different amounts of rent. We both agreed to sign a contract to pay rent. So my only option is to take her through the small claims court. Which I will have to do if she doesn't corporate.

libf

sharp910sh wrote: »

I know there is no my half and her half. However, we agreed between us to pay different amounts of rent. We both agreed to sign a contract to pay rent. So my only option is to take her through the small claims court. Which I will have to do if she doesn't corporate.

That is not your only option. Your other options are to continue to pay the whole rent by yourself, or to try to agree early surrender if you can't afford that. Both of these are much better ways to move on with your life...

HappyMJ

sharp910sh wrote: »

I know there is no my half and her half. However, we agreed between us to pay different amounts of rent. We both agreed to sign a contract to pay rent. So my only option is to take her through the small claims court. Which I will have to do if she doesn't corporate.

But she sent you an email offering to pay half of the rent. The bills are your problem.

You would have to send her a letter before action demanding the rent be paid.

I would give her a month on that before starting court action.

What I would do though is let it go now. If you can't afford the place on your own then move out. You should have a 6 month break clause in a 12 month tenancy and the court will expect you to take that.

Next time you want to move in with someone get all the money together and pay 6 or 12 months rent all paid upfront. After the fixed term has expired you will switch to a periodic tenancy then either person on a joint tenancy can end the tenancy for both of you and have no further liability.

peter12345678910

She has already cheated on you emotionally, and now she is cheating you in a financial way; which means she is not feeling guilt.

She is probably thinking that she does not have to because she is now not involved with you, but it is the principle here that is important i.e your self respect.

[Deleted User]

Is it a 1 bed? If not you could advertise privately for a new housemate. Your ex may even be willing to cover the agency's fee to have the contract changed.

sharp910sh

There is no six month break Clause in the contract. So if I don't pay the rent the landlord will mostly come after me, as I earn more. So its not as if I can surrender the tenacy with 6 months to go.

And ignore the comment about bills. Even thought it does state in the tanncu agreement both tenantsare liable for bills. So I'm letting her off for that.

There is no doubt that she is liable for the rent. I just need to threaten her enough to hopefully make her pay or go down the long route of getting her to pay. By getting a court judgement, the problem is I think she knows not being serious.

It's more the principal you don't sign a contract and do not enforce it.

sharp910sh

Yes its a one bed with an open plan living room. So unless I want someone living on my sofa. It won't work.

Stevie_Palimo

sharp910sh wrote: »

There is no six month break Clause in the contract. So if I don't pay the rent the landlord will mostly come after me, as I earn more. So its not as if I can surrender the tenacy with 6 months to go.

And ignore the comment about bills. Even thought it does state in the tanncu agreement both tenantsare liable for bills. So I'm letting her off for that.

There is no doubt that she is liable for the rent. I just need to threaten her enough to hopefully make her pay or go down the long route of getting her to pay. By getting a court judgement, the problem is I think she knows not being serious.



Ok amended due to seeing it is a 1 bedroom place.
It's more the principal you don't sign a contract and do not enforce it.

Legal action on this can be expensive if you are claiming £400- plus a month over a 10 month period and then if a CCJ is issued and ignored even more money to enforce, Why not if the place is 2 bedrooms look to rent a room out to another person but check with LL first that this is ok.


If you go the legal route it is long, drawn out and expensive whilst also being disruptive and causing more rifts and while agree that she did sign the agreement is it worth all of this if you can get someone else in to cover the costs with you ? , If this is not allowed and you feel strongly then look at action but be prepared for a battle over it.

Pixie5740

sharp910sh wrote: »

There is no six month break Clause in the contract. So if I don't pay the rent the landlord will mostly come after me, as I earn more. So its not as if I can surrender the tenacy with 6 months to go.

You won't know if you can surrender the tenancy early until you talk with the landlord. Try and negotiate an early surrender. That would be a much better use of your energy than continuing to live in a property (which you can't afford to live in by yourself by the sounds of things) chasing your ex for money that may never come.

Yes she cheated on you, no it's not a nice thing to happen but it's time to put your big boy pants on and focus on what you can do like negotiate an early surrender. Landlords aren't ogres. I am sure they would much rather let a tenant who can no longer afford the rent go with minimal fuss than keep a tenant who will eventually fall into arrears. Onwards and upwards.