Ex not paying rent in joint tenancy

Guest101

chappers wrote: »

Debt or losses in this case that's just semantics. - Not really, but I don't think it's as important as MrG suggests.

As to the surrender of the tenancy, the OP won't even consider that and won't know until he asks. I have let several tenants surrender early, with them being responsible for the rent, until a new tenant is found, and my expenses incurred re-letting. - Nor does he need to, he will incur costs in moving, costs in surrendering and still pay the rent.

With regards to my sisters situation the on going mortgage payments were those between the separation and the sale of the property, to which my sister wasn't contributing.
Yes it was mediation through a solicitor based mediator.
Just the same as the surrendering of the rental contract, with both parties sharing the costs of the surrender and mitigating against incurring further debt.

You can see how I guess it was mediation....

chappers

Indeed that is his right, he can do any or all of the things suggested and take his chances as to which will be of the most benefit to him.
Continue the tenancy, pay the rent, chase his ex and take a chance with the court.
Not pay her side of the rent and take his chance with the LL chasing him or both of them. or see if they can surrender the tenancy and take away a lot of the uncertainty or reassess depending upon what the LL says or what conditions he may impose.
But blindly chasing after his ex through the courts, without assessing his options is probably the riskiest option, yes it may have the greatest reward but probably also carries the greatest risk.

[Deleted User]

I think, in this case, it might be worth the OP going to see a solicitor specialising in housing law, paying the cost of one appointment and see what he says. Could save him a lot of money in the long run, and not being able to rent in future because of this case.

Guest101

It's contract law more than housibg

chappers

yep the rental contract isn't the problem, just the potential contract between the OP and his Ex and establishing it's validity or robusticity.

Villarkita

How did she agree she would pay half the rent and bills? Do you have proof of this?
To be honest you're lucky to have gotten 4 months of rent and bills out of her, in 4 months what have you done to pro actively end the tenancy?

If you went to court could you prove at the start of the tenancy she was meant to pay half? If I was her and you took me to court I would be saying you agreed to pay 90% of the rent every month.
If you can't take her to court until after the tenancy is ended then surely you can afford the rent on your own! I know it's not nice what she has done to you but surely it makes more sense to be done with her and a fresh start?

sharp910sh

It seems the only steps I can make. Are to pay half the rent and see if the landlord chases her. Or pay her renr and chase her for the rent.

If the landlord is reasonable. The landlord will chase her then evict us after 5 months and chase up for the rent. However, it may result in him chasing me so I may pay anyway.

But let's get this straight she cannot walk out of a contract as she feels. If it was the other way round. I am sure you guys would be no telling her not to pay rent would you?

Guest101

sharp910sh wrote: »

It seems the only steps I can make. Are to pay half the rent and see if the landlord chases her. Or pay her renr and chase her for the rent.

If the landlord is reasonable. The landlord will chase her then evict us after 5 months and chase up for the rent. However, it may result in him chasing me so I may pay anyway.

But let's get this straight she cannot walk out of a contract as she feels. If it was the other way round. I am sure you guys would be no telling her not to pay rent would you?

I think most people think she should pay- whether morally or legally.

Ultimately it's up to you what happens.

[Deleted User]

What we are saying is your anger over what she has done to you emotionally, is overcoming your recognition of what can happen legally. This could be an expensive lesson for you. Just work on minimising your lossess.

Either work out a way to get a lodger (can be done, I did it in the distant past although it meant a lot of sacrifices like no access to kitchen), rent on own, or give up the flat (but unless you have a break clause the LL can ask for the rent for the duration of the contract - and guess what, he knows where you are so yes, he's probably going to go for you first.., he just wants his rent, not interested in the moral rights and wrongs of the situation, only you are). You could negotiate giving up the lease early, depending on the LL's attitude.

Minimise your losses. There's no way now 'punishment' is going to come down from above for your ex.

This situation has already been having an affect, financially and emotionally for well over four months. Isn't that long enough? What she did was wrong.., but why let it continue to damage you. Sometimes the only revenge is coming out of something as well as you can and moving on, refusing to let the other's actions pull you down.

Say you take this person to court. Do you honestly think the Judge is going to say to her what you want him to say? It looks like its unlikely he/she will even hold her to the contract (but consult a solicitor on this if you wish). It doesn't matter if we think this is right or wrong.., or if you do.., its just time to minimise your losses.

BTW I've been paying for my ex's mobile phone for months. Still months to go. I've blocked him from it, but I'll never see the money, even when I've had times when I've had problems buying food for the kids. He doesn't care. Nothing I do or say means anything to him. I've told him he can have the phone turned on when he pays up. End of. So I've shut up and moved on. It was hurting me a lot more than it was hurting him. He also was on the lease for this place. He stole money from my account. I can/have and will move on. I certainly don't fancy the humiliation of taking him to court.

GoldenShadow

Cutting your nose off to spite your face much...

The way you come across on here makes me wonder if she's pushing your buttons because it seems you get very wound up about things.

Be careful about 'threatening' her. If you really want to involve the small claims court you can't use empty threats you have to give notice and then do it else it reflects worse further down the line.

Imagine if you end up in court and she says you wouldn't end the tenancy or even ask the landlord? That doesn't paint you in a great light, regardless or not of whether it would have been allowed. I can see why someone wouldn't want to pay rent if they've moved out, and she isn't anything to do with you anymore so how can you possibly know she isn't paying rent anywhere else.

Just get on with whatever your going to do and try to let go of the bitterness, it's not doing you any favours...