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Ex not paying rent in joint tenancy
Comments
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Could try negotiating with her.
1/2 the rent.
1/2 the council tax.
Since you're the only one that uses the power/water/internet you should offer to pay these.
Get a lodger and get some income if allowed.
She agreed this and was paying me this sum including some standing charges for bills, then I said to be more reasonable you only owe me the rent.
However, since making the amended agreement to pay only the rent she will not pay this.0 -
Rent is a debt, not a loss. No mitigation required.
The OP is not charging for rent.
If you want to have a serious contribution then cut and paste this -
Can the OP's agreement be a valid contract since they are not providing any consideration?
- perhaps we will then get an enlightened response from the one of the forum's resident legal experts, or failing that some made up guff from thesaint.0 -
sharp910sh you cannot claim until money is owed, You do not ring your insurance Company and say I need to make a claim for next years accident.0
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Stevie_Palimo wrote: »sharp910sh you cannot claim until money is owed, You do not ring your insurance Company and say I need to make a claim for next years accident.
So I will have to wait until money is owed. And this "accident" will 100% happen. Unless she decides to pay.0 -
Honestly Op, sometimes life is too short.
Spend your energies on a solution that is good for you long term rather than blindly chasing the court route for your perceived retribution on this woman.
She really isn't worth it by the sounds of it.0 -
sharp910sh wrote: »So I will have to wait until money is owed. And this "accident" will 100% happen. Unless she decides to pay.
Correct - You could seek to break lease now and have a final bill drawn up then find somewhere else to live and take legal action after giving notice but I suspect this will be hard to both go in your favour and also enforce.
Me thinks best bet here move on with life find a new partner and stop looking for ways to spite your ex.0 -
The OP is not charging for rent. - No but she does owe rent. So he does not need to mitigate her debt to the LL. (which is what surrendering the tenancy would do). He must mitigate his losses for her breach of contract by not paying him. But mitigating losses means not hiring an expensive solicitor to enforce the contract.
If you want to have a serious contribution then cut and paste this -
Can the OP's agreement be a valid contract since they are not providing any consideration? - I did wonder about this. The consideration is the debt would otherwise be due and the ex would incur additional expense in defending the claim from the LL.
- perhaps we will then get an enlightened response from the one of the forum's resident legal experts, or failing that some made up guff from thesaint.
There's a debt here to the LL, the ex is liable as much as the OP.
Just because we don't agree with the OP, doesn't mean that a Joint tenant can vanish and leave the remaining tenant(s) to pay their debts.
Yes the LL can collect from any or all of the tenants, but thats only part of the contract0 -
The OP is not charging for rent. - No but she does owe rent.
But not to the OP
So he does not need to mitigate her debt to the LL. (which is what surrendering the tenancy would do).
Agreed, but it would mitigate the OP's loss caused by the GF breaching their agreement.
He must mitigate his losses for her breach of contract by not paying him.
Not paying who?
The LL?
He can't. He is liable for the rent.
But mitigating losses means not hiring an expensive solicitor to enforce the contract.
No it doesn't.There's a debt here to the LL, the ex is liable as much as the OP.
Just because we don't agree with the OP, doesn't mean that a Joint tenant can vanish and leave the remaining tenant(s) to pay their debts.
Within the scope of that particular agreement it's exactly what it means.
Action to reclaim those costs from the vanished tenant are totally separate from the original contract0 -
It's my understanding that the op will only suffer a loss as the LL would go after both of the tenants for any debt, therefore the op would need to be proactive in cutting his losses. The ex has tried to surrender the tenancy but the op refuses so may struggle to get a judgment against her..
Op it maybe worth you trying to get a free half our consultation with a solicitor.0 -
Within the scope of that particular agreement it's exactly what it means.
Action to reclaim those costs from the vanished tenant are totally separate from the original contract
Being a bit naughty and cherry picking what i'm saying.
Both parties are equally liable for the whole rent.
That does not mean that they cannot have a separate agreement on how the rent is paid, and that does not mean that the agreement is not enforceable.0
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