Moving out of rented property as relationship has ended

RAS

Tenancy law is very different in England rather than Scotland.

Your daughter needs to read
http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

If she has queries the renting and selling forum would be the place to get help.

roses

Pixie5740 wrote: »

And if he doesn't move out she will remain liable for the rent.

For the joint tenancy to end they will either both have to leave or the landlord (and the remain tenant) will have to agree to a new tenancy soley in the remaining tenant's name.

She will only be liable to pay the rent up to the end of the contract as long as she gives notice that she will not be renewing the tenancy.

If the boyfriend stays on (and eg does not pay rent) then she cannot be held liable as she has given notice.

Pixie5740

roses wrote: »

She will only be liable to pay the rent up to the end of the contract as long as she gives notice that she will not be renewing the tenancy.

If the boyfriend stays on (and eg does not pay rent) then she cannot be held liable as she has given notice.

That is incorrect. Unless both the joint tenants leave after serving notice, or the landlord agrees to starting a new tenancy in the remaining tenant's name they will both remain liable for the whole rent. Worse than that, if both joint tenants don't leave at the end of the fixed term after notice has been served, the landlord can charge the tenants double rent under the Distress for Rent Act 1737.

Guest101

roses wrote: »

She will only be liable to pay the rent up to the end of the contract as long as she gives notice that she will not be renewing the tenancy.

If the boyfriend stays on (and eg does not pay rent) then she cannot be held liable as she has given notice.

Amazingly incorrect and yet said with such confidence.

lovehackney

I'm not sure about how it works for ending a tenancy, but I think the should contribute to the council tax and Sky. reason being:

1. Single person's discount is only 25%, so he is still paying more as a result of her moving out. She could offer to pay 25%, so he isn't financially worse off

2. Sky will be a contract and just because she has moved out still needs paying. Unlike gas, water etc. which goes up or down depending on usage, Sky doesn't and also you can't just change provider or to a cheaper tariff like you can with other utilities.

Vikipollard

lovehackney wrote: »

I'm not sure about how it works for ending a tenancy, but I think the should contribute to the council tax and Sky. reason being:

1. Single person's discount is only 25%, so he is still paying more as a result of her moving out. She could offer to pay 25%, so he isn't financially worse off

2. Sky will be a contract and just because she has moved out still needs paying. Unlike gas, water etc. which goes up or down depending on usage, Sky doesn't and also you can't just change provider or to a cheaper tariff like you can with other utilities.

I disagree - if my OH walked out, I'd still have to pay Council Tax and he would pay wherever he moved to - as potentially will the OP's daughter have to. How is it fair that she should pay twice?

Sky may be a contract, we don't know. It could also be that he could cancel it without penalty, but doesn't want to. I can change mine with a month's notice at most. Why should she pay without benefitting in that instance?

Beckyy

Everyone has to pay council tax, and your daughter will have to when she moves elsewhere. IMO she should't be paying half of it at all after she has moved out, surely he managed before they moved in together anyway?

Sky - who wanted it and who pays for it currently? Can it be cancelled without penalty? If so I wouldn't be contributing and would be advising that daughter will cancel it before moving out if ex cannot afford it.

Also, the LL is just as much your daughters as he/she is her ex and she has every right to contact them, he cannot forbid it. Make sure she contacts all utilities to advise she no longer lives there when she moves.

Lala2015

Hi TeeMac67,


This pulled at some heartstings - I was in the exct same position less than a year ago.


I moved back home less than a week after the relationship breakdown and did the following:
- Paid half the rent until he ended the tenancy & moved out.
- I stopped paying any utilities, as obviously, the price went down as I was no longer using them!
- He applied for single person council tax discount so I stopped paying for this.


If she is still living there, I'd say it only 'fair' (legally), that she pay for her share of the council tax (as he wouldn't qualify for the discount) and utilities.


I hope she is OK! xxx

AndyBSG

She should carry on paying half of everything until she leaves in December. What she should be paying after that depends on several factors.

- She should carry on paying half the rent as she is liable for it regardless of if she is still living there. However, how is the rent currently paid? Does it come out as a single payment from a joint account? From his account? From her account? If it comes from his account she could pay half the rent to him to cover it with no guarantee that he is actually forwarding it onto the letting agent. He could just pocket her money then walk away leaving her with a trashed credit rating.

- Regarding the deposit, if it's a joint deposit and is in a tenancy deposit scheme I believe it requires both tenants to authorise it's return and where it is returned to. So if the deposit is £500 she could agree for all £500 to go into his account so he gets the lot but only authorise it when he has paid her £250 share first to stop him trying to get it all

- On the utilities and bill front it depends if her name is on the accounts. If her name isn't then she should only pay up until the 18th December. If they're in both names she may have no choice but to carry on paying half. Like the rent she needs to have some way of knowing that the bills are being paid though and he doesn't just cancel all direct debits and pocket any money she gives him.