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Joint Tenancy (J&S liability question)

2

Comments

  • drshadrack
    drshadrack Posts: 13 Forumite
    Thanks Molerat

    That is the million dollar question!

    For the record, it is not me but my daughter who is one of the co-tenants.

    Thanks for the pracctical advice.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    drshadrack wrote: »
    Thanks Molerat

    That is the million dollar question!

    For the record, it is not me but my daughter who is one of the co-tenants.

    Thanks for the pracctical advice.



    IF it was me, I would pay the rent and then sue the former tenant.
  • drshadrack
    drshadrack Posts: 13 Forumite
    Thanks 101

    I do realise that legal action against the defaulting tenant is an option. Just wanted to explore the other options from the timescale perspective.

    Now all is clear. Many thanks for your help.
  • molerat
    molerat Posts: 34,801 Forumite
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    - they could be evicted in weeks, since s.8 notice in mandatory once 2 months rent is outstanding.
    Quite a way to go before the 2 months outstanding point as the underpay is around 1/5th of the total rent and the tenancy ends in around 6 weeks which is why I asked those particular points be clarified.
  • sourcrates
    sourcrates Posts: 31,775 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 26 May 2017 at 4:03PM
    The Landlord could run out of patience, and escalate this to the High court, at any time, then the boys you see on the telly would be paying them a visit, to recover the full amount from them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Guest101
    Guest101 Posts: 15,764 Forumite
    molerat wrote: »
    Quite a way to go before the 2 months outstanding point as the underpay is around 1/5th of the total rent and the tenancy ends in around 6 weeks which is why I asked those particular points be clarified.



    I think you misunderstand, 2 months rent is outstanding once you reach the point of 1 month + £0.01.


    They we 2 months behind when it was £1725.01
  • Guest101
    Guest101 Posts: 15,764 Forumite
    sourcrates wrote: »
    The Landlord could run out of patience, and escalate this to the High court, at any time, then the boys you see on the telly would be paying them a visit, to recover the full amount from them.

    No he couldn't.


    It's not helpful to mislead the OP
  • sourcrates
    sourcrates Posts: 31,775 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 26 May 2017 at 4:32PM
    Guest101 wrote: »
    No he couldn't.


    It's not helpful to mislead the OP

    Explain to me why not please ?

    If a CCJ were to be granted, it can be transferred to the high court very quickly.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • molerat
    molerat Posts: 34,801 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Guest101 wrote: »
    I think you misunderstand, 2 months rent is outstanding once you reach the point of 1 month + £0.01.


    They we 2 months behind when it was £1725.01
    That one could be easily side swerved and I doubt the LL could get a court order in the next 5 weeks anyway. In reality the biggest danger OP and co tenants face is a CCJ after they have left with papers served to last known address.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    sourcrates wrote: »
    Explain to me why not please ?

    If a CCJ were to be granted, it can be transferred to the high court very quickly.





    If a judgement was handed down, not paid, and the county court felt that enforcement was unlikely they could authorise it.


    BUT you said:
    "The Landlord could run out of patience, and escalate this to the High court, at any time" - given there's not even been a date for the county court, your comment was hardly helpful
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