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Potential deposit loss

2

Comments

  • 7sefton
    7sefton Posts: 654 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    If the OP's partner just broke the contract unilaterally, and just moved out and stopped paying, what would actually happen? Hasn't the eviction ban (which I know has now ended) and related government response simply shown that ASTs aren't really that enforceable? I'd be tempted to take my chances and just leave (making sure everything is left clean and in good order).
  • saajan_12
    saajan_12 Posts: 5,333 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    7sefton said:
    If the OP's partner just broke the contract unilaterally, and just moved out and stopped paying, what would actually happen? Hasn't the eviction ban (which I know has now ended) and related government response simply shown that ASTs aren't really that enforceable? I'd be tempted to take my chances and just leave (making sure everything is left clean and in good order).
    He would get a CCJ for 1 years rent + recovery costs. 
    The eviction bans / longer LL notice period has stopped eviction being a method to enforce an AST contract. However that doesn't mean civil and small claims courts can't be used to enforce the monetary value of an AST, just like with any other unsecured contract. 
  • MaryNB
    MaryNB Posts: 2,319 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 22 September 2021 at 9:42AM
    7sefton said:
    If the OP's partner just broke the contract unilaterally, and just moved out and stopped paying, what would actually happen? Hasn't the eviction ban (which I know has now ended) and related government response simply shown that ASTs aren't really that enforceable? I'd be tempted to take my chances and just leave (making sure everything is left clean and in good order).
    He can't break the contract unilaterally. Every housing advice service makes that extremely clear. He'd be on the hook for 11 months of rent and bills on a house. He signed a 12 month legal contract. Saying he should just walk away is terrible advice. 
  • We absolutely wouldn't just walk away. 

    My names on the contract too - and I'm not getting a CCJ for anyone.... 

    I think, if he is adamant he doesn't want to stay (He's "swinging" between staying and not at the moment) then I will reach out to the estate agent and see what I can arrange re: early release 

  • OP. I know this is the wrong board to be having, but it might be an idea to hop over to the Mental Health board.
    I've been through this with my wife. I needed to step into her shoes to understand how much frustration and stress what seemed like the perfect opportunity wasn't right for her.

    She's very strong and made it clear to me that it was her decision to leave and that I had no say in it - and she was right. You need to support your husband. If it's driving his anxiety and messing with his MH, he needs to get out and quickly.

    Being angry with him is not going to make him feel any better - he probably feels like a failure as it is, without his partner and confidant turning on him.
  • GaleSF63
    GaleSF63 Posts: 1,542 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Do you think any of this might be because you have not yet moved and he would be more settled when you do?
  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Posts: 4,851 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 September 2021 at 2:30PM
    Oh he doesn't know I'm angry with him - I'm very aware that doesn't help.

    I did tell him before he took the job that it would be too much stress, and wasn't what he thought it was going to be but he was insistent. I asked him BEFORE we took the house on (After he had been there a month) if he was sure - He said yes, so we took on the house. 

    He isn't taking his anxiety medication and is now hungover (from the weekend!) which obviously hasn't helped! I've told him he needs to start his meds and stop the weekends out 

    I think he would settle more if I was there, but I cant physically move any quicker than I already am. But these wobbles aren't helping because in the back of my head, I'm worried about moving the girls schools etc if he's going to want to leave in the next few months 
  • sheramber
    sheramber Posts: 23,276 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    What would he do for a job of he moved back?

    Can he look for another job where he is?
  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Posts: 4,851 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 September 2021 at 3:30PM
    The reason he wanted to move is his wages here were rubbish (And they was) - he could try for another job in the area we are moving to - but in honesty, the job he has now is well paid and more than the average for his position.

    We have quick a cushy life here (as I mentioned, no mortgage so little bills) but he wasn't happy with his job and couldn't get another in area that he wanted which is why I agreed to move 
  • I've managed to talk him into giving it until July..... Tenancy is due for renewal in August 
    • The gives me and the girls time to move down and get settled - he's finding it difficult being alone so hopefully a bit of normality will help. 
    • The role he is in was newly created especially for him, he hasn't given it long enough to get out the teething trouble - He said he enjoys the work but is struggling with new management. This seems to be a communication between him/the business owner which we can take about
    • He's agreed to go back on his medication - Whether he does or not is something else 
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