Ex won't let me leave joint tenancy

MissTigger

My ex and I have lived in a rented house for just over a year. He was on very low income and has very bad credit history but together we got the home based on my income alone.
It has been a very abusive and violent relationship, and he has let me pay all bills, including debts of his whilst he hasn't brought a penny forward.
We have now split up and I took my handwritten notice in to the lettings agency so I can be taken off of the tenancy which they initially said was ok, and that due to the circumstances he would have to reapply for the home. They are now saying that I can't leave unless we BOTH sign. Although we have both left the house and took most of our belongings, he is accusing me of having some of his 'valuable things' and is insisting to the letting agency that he won't sign unless he gets them back. I'm basically being blackmailed as he is trying to continue to get stuff out of me. What can I do? I don't have any of his stuff and I know what he is like, he will try and claim whatever he can from me.
The letting agency have said today that I cannot leave the tenancy unless we BOTH sign so im now stuck. He is on bail at the moment and is not allowed to contact me directly or indirectly.
I urgently need help as I'm trying to get a new home for me and my 6 month old baby somewhere safer, and I can only be put up by parents for so long..

Thanks

mrginge

Is your tenancy still in a fixed term or has it moved to a periodic tenancy?

anselld

Either party can serve notice to terminate a joint tenancy so the letting agent are incorrect. If you have served valid notice in writing then that stands.

However, once notice is served the property needs to be vacated, keys returned, etc. If that has not happened then you remain jointly liable.

theartfullodger

anselld wrote: »

Either party can serve notice to terminate a joint tenancy so the letting agent are incorrect. ....

Only if tenancy is now periodic - i.e. fixed term has ended. Has it?

Houseplant26

I agree with anselld.

It sounds like the letting agency are being naughty and not wanting to release you easily. If you're on a periodic tenancy and you've paid all of your rent to the date of your end of notice period you can in effect end a joint tenancy as one part of it.

Is the letting agent or landlord worried about fact your ex won't cooperate and give keys back etc?

You shouldn't have to but one idea I had is that you could offer to pay for the letting agent/landlord to change the locks to get around your ex not wanting to give keys back.

Although I'm not sure if they'd be allowed to do this if he hasn't agreed to leave and taken all his belongings.


I left a joint tenancy and I'm trying to remember if I had to get signatures. I think it was maybe implied I had to but I sought advice and didn't and just put in writing to my landlady and cced in other tenants that I would be leaving this is my notice I will be going on this date. This meant I had in writing that I'd severed the tenancy (which was rolling at this point).

If it came to it because your partner has been abusive the police and or citizens advice may be able to intervene.

MissTigger

The six month fixed term is now over and we are on a rolling tenancy. They said I am still responsible to pay rent if he doesn't sign the end tenancy agreement! I am in disbelief. They did say that the landlord insists

Pixie5740

YasmineA90 wrote: »

The six month fixed term is now over and we are on a rolling tenancy. They said I am still responsible to pay rent if he doesn't sign the end tenancy agreement! I am in disbelief. They did say that the landlord insists

If he won't sign a new tenancy agreement in his name only then yes, you'll remain jointly and severally liable for the whole rent. If you serve notice to terminate the tenancy since it is periodic and he doesn't leave at the end of the notice period the landlord can charge you double rent under the Distress for Rent Act 1737. So ideally you want him to either sign this new contract or move out.

tacpot12

Pixie5740 may be correct about the double rent but only while the occupation of the property continues. Anselld is correct that you can give notice on your own to end the tenancy and if tou have removed all your possessions and handed back the keys, the tenancy has ended.

G_M

* You have a periodic tenancy.
* a periodic tenancy can be ended by any one of the joint tenants serving notice
* so he does not need to sign or serve notice
* of course, your notice must be valid, ie served correctly, with the correct notice period - was it?
* and all joint tenants must vacate the property at the expiry of the notice period - have you both left, removed your belongings, and returned the keys?

* If after all that, the LL still demands the other joint tenant's signature, you can ignore this request/demand
* stop paying rent
* write to the landlord, politely requesting your deposit back
If the LL refuses to return it, or deducts anything for rent arrears because of the joint tenant's failure to sign, raise a dispute.

Better_Days

When I terminated our joint periodic tenancy I did it by letter with just me signing. Wasn't a problem.

lewishardwick

I terminated my three-way tenancy on my own. The other two tenants left the management of paperwork to me.

Not a single eyelid was bettered.