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Left my home to give me and my ex partner space but now she has a new guy i have lost my home, Help!

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  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 8 October 2018 at 12:35AM
    EachPenny wrote: »
    The only hesitation I'd have in doing this is whether giving notice to end the tenancy might trigger the ex and new man to be a bit 'careless' around the flat and do sufficient 'accidental' damage to ensure no deposit was left to be returned to the OP.
    That's not the only issue. If the OP serves notice and the partner doesn't move out then the OP could then be jointly liable for double rent.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 8 October 2018 at 7:39AM
    kazwookie wrote: »
    Seconded

    Get on the agency or LL, and serve notice.

    One way or another - this break needs to be "official". If it isn't - then OP could find the agency chasing after him for rent for a property he no longer lives in (ie if the girlfriend doesnt pay the rent for some reason).

    So - yep...I'd "move on" in OP's position and make sure the tenancy is officially changed from joint to hers only (much as it will, understandably, stick in the gullet to do so).

    Fingers crossed OP can get his share of the deposit back and I'm guessing it might be necessary to take the girlfriend to the Small Claims Court to get it back from her. Hope OP has evidence as to how much of that deposit is his.
  • I suspect the OP will never get his deposit back, if there is any property of his left in the flat he should arrange to go to retrieve it, or find a time when no-one will be there and do so.

    I don't know with tenancies, but is there not a way to simply remove a name off a tenancy? There must have been a lot of occasions when someone wanted out when the other person/persons did not, there must be a way of doing it so he can move on.

    Just one other thought, is it not breaking the agreement to have someone else living there?
    What is this life if, full of care, we have no time to stand and stare
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Slithery wrote: »
    That's not the only issue. If the OP serves notice and the partner doesn't move out then the OP could then be jointly liable for double rent.

    Possibly but I suspect if the ex wants to stay she will sign a new tenancy agreement.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    dimbo61 wrote: »
    The question is can the poster get his deposit back.
    Will the EX provide a new deposit !
    The Landlord already has a deposit and joint tenants.

    The deposit that is currently in place should be dealt with when the current tenancy is ended. In the case of joint tenancies it's common for the deposit only to be registered under a lead tenant's name. Hopefully this deposit is registered under the OP's name because that would make life much easier.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I suspect the OP will never get his deposit back, if there is any property of his left in the flat he should arrange to go to retrieve it, or find a time when no-one will be there and do so.

    I don't know with tenancies, but is there not a way to simply remove a name off a tenancy? There must have been a lot of occasions when someone wanted out when the other person/persons did not, there must be a way of doing it so he can move on.

    Just one other thought, is it not breaking the agreement to have someone else living there?

    The OP could very well get his deposit back.

    One does not simply remove a name from a tenancy. Tenants can't unilaterally decide to change the names round and not can the landlord. If this was a fixed term tenancy then the OP and ex could approach the landlord to ask if he would agree to a deed of variation. They could still do that for a periodic tenancy but it would be cleaner all round to end the tenancy.
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