Rented House advice

GrumpyDil

I think you would struggle to get a win a court case for rent etc against her as she has no contractual liability to either you or the landlord.

I am a landlord and was faced with a similar situation which luckily for the husband resolved itself save for a few minor irritations. The husband was not able to live at the property because his wife locked him out and he didn't want to force the issue even though I pointed out he had a legal right to enter the property which was far stronger than any right I had to go in.

Had the situation not resolved itself and the wife moved out on expiry of their notice it was the husband I would have gone after for any outstanding rent and to claim double the rent under the relevant holding over legislation as she had no income so would have been unable to pay any money anyway.

You have to take control of the situation as this has the potential to cause you problems for many years.

SerialRenter

I'm not sure why you think it's a possibility for your ex to take over the tenancy, You've said yourself that the council at best would only be able to pay half and that she has no income.

No landlord in England would agree to that, at the moment they have you paying the full amount every month for the rest of the tenancy, where as she would be able to pay between none and £400, assuming the council would agree to take her on, which they probably wouldn't.

Alternatively you would end up with a CCJ, which it seems you've not quite grasped the severity of. It's not just a TV and £20 a week, it's something that'll ruin your credit and prevent you moving on with your life for years and years.

So you've set up a meeting with her at the council offices. why don't you take this opportunity to follow every other posters advice on this thread and CHANGE THE LOCKS, you know she's going to be out of the house at this time, call a locksmith now, show them proof of residence and meet them at the house exactly when you ex should be arriving at the council offices.

Everything else is a distraction. Call the locksmith.

[Deleted User]

While many council have different time periods, I am absolutely certain the Wales council will say she has insufficient connection to the area and just refuse to help her in any way. Best they will do is refer her back to her home council. They have responsibility for her.

Check this, OP, before going down to the council. I am certain it will be a waste of time. She needs to go back home and ask for help from her home council. As advised previously.

Slinky

OP why are you under the impression that this is all very amicable? Can I point out she has changed the locks to keep YOU out. Othewise she'd have given you a key.

Mojisola

Paul_Jones_1984 wrote: »

Girlfriend is still in the house and doesn't intend to leave.

Also girlfriend doesn't want me to return to the house.

Paul_Jones_1984 wrote: »

Girlfriend has now changed the locks on the rented house.

Paul_Jones_1984 wrote: »

I'm not really expecting the LHA to go ahead, but it's potentially something to discuss with ex girlfriend, as a way to becoming more amicable again.

It's wildly optimistic to think that anything will lead to a more amicable situation - she has manipulated you so that she has a nice house will all the bills paid by you!

If she agrees to anything you suggest, it will be to keep stringing you along so that she can get more entrenched in the house.

G_M

Must say I'm looking forward to seeeing how all this pans out.

But in the meantime, until it's resolved one way or another, I'm getting bored. The advice, page after page, is just repetitive.......

saajan_12

Paul_Jones_1984 wrote: »

I meant I could get a CCJ against her, perhaps. But I wouldn't bother, because I know I'd never get any money back anyway. Because she doesn't have any.

No, gf owes you nothing (she no agreement to pay rent / bills, she's living there as an invited guest, with 'shared' food etc). Of course if she were to steal something / commit fraud by using your bank account, but you seem to think that's impossible.

Paul_Jones_1984 wrote: »

Yes, all my documents are in the house.
I don't think she'd do that. She may chuck them out on the street though, where others obviously could.

She's not really the kind to cause trouble like that. She probably just wants to be left in peace in the house. She does have debts etc, but she's not dishonest. She genuinely can't pay them. -
morally its dishonest to lock someone out of their own house

I just had a text message from her saying that she has spoken to Shelter. They told her that when I left the house, I created a tenancy for her. Prior to me leaving she was a lodger, but now she says she has a default unwritten tenancy. That's not the kind of terminology she would come out with herself. Someone has told her that. They also told her that if I cut off the utilities, then that is harassment. I've looked on their website and it does say something along those lines. But I expect there's a misunderstanding somewhere.

NO! A tenancy is a contract, for which both parties have to contribute something, e.g. house to live in, for rent. She is not paying you rent, nor is there any expectation for rent, so there cannot be a contract where you give her somewhere to stay for free. For her to enforce an ongoing gift, it would have to be a signed and witnessed deed.

So, no tenancy, she is still an excluded occupier, ie you can tell her to leave at any time.

I wouldn't turn off the utilities until she is out though - then there's no claim of ongoing harassment (changing the locks is quick and easy and lawful.

G_M

saajan_12 wrote: »

No, gf owes you nothing (she no agreement to pay rent / bills, she's living there as an invited guest, with 'shared' food etc). Of course if she were to steal something / commit fraud by using your bank account, but you seem to think that's impossible.



NO! A tenancy is a contract, for which both parties have to contribute something, e.g. house to live in, for rent. She is not paying you rent, nor is there any expectation for rent, so there cannot be a contract where you give her somewhere to stay for free. For her to enforce an ongoing gift, it would have to be a signed and witnessed deed.

So, no tenancy, she is still an excluded occupier, ie you can tell her to leave at any time.

I wouldn't turn off the utilities until she is out though - then there's no claim of ongoing harassment (changing the locks is quick and easy and lawful.

Sigh!

It's all been said before saajan, but OP doesn't want to hear!

CommitedToChange

She's not really the kind to cause trouble like that. She probably just wants to be left in peace in the house. She does have debts etc, but she's not dishonest. She genuinely can't pay them.


:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

This has to be a wind up.

parkrunner

parkrunner wrote: »

You can only possibly know that if you're sat outside the property 24/7 so yet more nonsense.

Paul_Jones_1984 wrote: »

Because we used to live together.

Well you don't anymore therefore you have no idea what she's up to.