Ex partner problems with joint lease/non payment

Trigger87

I live in Scotland and I have a joint short assured tenancy with a now ex partner. The lease requires an initial 6 months with a 2 month notice period. I moved out of the property 1 May after breaking up 2 months in to the lease and finding out more information about his past including him being in remand for domestic violence for 42 days in prison right before he met me. He also was cheating on me after we moved and signed a lease together.

He also became more aggressive after we split so I no longer felt safe to stay in the property. I've kept the landlord fully up to date on the situation. My ex has now told me he won't be paying towards the bills or rent on the property anymore even though he's​ the one living there. We're now 1 month behind.

He's been very aggressive over text the few times we were in contact. He's refusing the landlord entry and said he's going to change the locks. I still have my copy of the key. The landlord was unhelpful when I spoke to them just repeating that we're both liable. Other than my ex refusing to pay even his half of rent/bills I'm concerned even after giving our 2 month notice to quit, he's hinted he'll refuse to leave the property and they'll need to evict him to get him out.

I'm not in a good financial position and can't/won't pay for the full rent and bills while he's in the property as I am also paying to rent the property I actually live in now.
The landlord is planning to do an emergency inspection Thursday since rent hasn't been paid. I don't know if he's changed the locks yet. I'm not sure if it's any help for me to actually go to the inspection or not.

Does anyone have any advice? I'm worried if I do pay part of the rent and he refuses to leave after we give notice, there won't be the 3 months rent arrears to make eviction action. I know I'm equally liable but I think court action will be inevitable. Am I better paying half the rent or none to make the eviction process quicker when he refuses to leave?

I'm also signed off work sick with depression and anxiety so this hasn't been great for my health. I'm American and have been here 6 years as a permanent resident so I don't have any family or support in the UK. Thank you so much for your advice. I'm also in the process of getting advice from Shelter and CAB.

Guest101

Trigger87 wrote: »

I live in Scotland and I have a joint short assured tenancy with a now ex partner. The lease requires an initial 6 months with a 2 month notice period. I moved out of the property 1 May after breaking up 2 months in to the lease and finding out more information about his past including him being in remand for domestic violence for 42 days in prison right before he met me. He also was cheating on me after we moved and signed a lease together. - on remand means he hadn't faced trial yet. So was he found guilty or not guilty?

He also became more aggressive after we split so I no longer felt safe to stay in the property. I've kept the landlord fully up to date on the situation. My ex has now told me he won't be paying towards the bills or rent on the property anymore even though he's​ the one living there. We're now 1 month behind. - Bills you can ignore, just tell the utilities suppliers you've moved out. Rent (and council tax) you remain liable for

He's been very aggressive over text the few times we were in contact. He's refusing the landlord entry and said he's going to change the locks. - he's allowed to do that. I still have my copy of the key. The landlord was unhelpful when I spoke to them just repeating that we're both liable. - indeed, the LL is not your mum or dad. they are in this for business and you owe him or her money Other than my ex refusing to pay even his half of rent/bills - there is no half. You both owe the full rent. I'm concerned even after giving our 2 month notice to quit, he's hinted he'll refuse to leave the property and they'll need to evict him to get him out. - correct. and you'll be liable for DOUBLE rent

I'm not in a good financial position and can't/won't pay for the full rent and bills while he's in the property as I am also paying to rent the property I actually live in now. - then you'll get a CCJ (or the equivalent in Scotland)
The landlord is planning to do an emergency inspection - no such thing, he will be breaking the law if he doesn't give notice Thursday since rent hasn't been paid. I don't know if he's changed the locks yet. I'm not sure if it's any help for me to actually go to the inspection or not. - I don't see how it could

Does anyone have any advice? I'm worried if I do pay part of the rent and he refuses to leave after we give notice, there won't be the 3 months rent arrears to make eviction action. - eviction doesn't require 3 months arrears as far as I know I know I'm equally liable but I think court action will be inevitable. Am I better paying half the rent or none to make the eviction process quicker when he refuses to leave? - The eviction process will likely be the same

I'm also signed off work sick with depression and anxiety so this hasn't been great for my health. I'm American and have been here 6 years as a permanent resident so I don't have any family or support in the UK. Thank you so much for your advice. I'm also in the process of getting advice from Shelter and CAB.

Put money aside in case the LL comes after you (as you would be the easier target)

Pixie5740

It's not quite as simple as serving notice to end the tenancy. As it's a joint tenancy you'll need the other joint tenant's permission which I'm guessing he won't give. Your best shot of getting this tenancy ended is for your landlord to evict via the sheriff court which should be straightforward if you are in arrears. I recommend that you contact Shelter Scotland for advice.

If you can't afford to pay the rent you can't afford to pay it. In fact not paying it will help speed up the eviction process meaning you can sever your ties with him quicker.