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Rent Debt Advice

Going to take some typing this....

My Daughter and her Ex boyfriend started to rent a property back in Jan 2021

Sadly the relationship broke down in March 2021 due to Domestic Violence, Police and Hospital were involved.

Unfortunately, the contact was for 12 months on the lease and Dual signed.

She let the landlord know what has happened, but he was not interested, she also advised she doesn't live there any more but again he kept on about they both on the lease.

The contract was due to end in Jan 2022, but for some reason the ex-boyfriend kept rolling the contract over.

The ex-boyfriend sadly built up a lot of rent arrears and by the looks of it has been evicted.

Fast-forward to this weekend, my Daughter has been sent you have 14 days to pay 9 grand letter from the landlord.(Sent to her new address)

So questions i have is what are her options here?




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Comments

  • Grumpelstiltskin
    Grumpelstiltskin Posts: 6,018 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What does the letter say? Is it a letter before action? ie. saying she will be taken to court?

    Problem is if it was a joint tenancy both are equally  liable for the full amount of the arrears and the landlord will be going after the one he thinks will pay.


    If you go down to the woods today you better not go alone.
  • fatbelly
    fatbelly Posts: 23,904 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 25 May 2023 at 9:16AM
    Provided the figures are correct it looks like the two of them are jointly and severally liable for £9k.

    When leaving a property early and you want to end your responsibility for rent, you need to follow

    https://england.shelter.org.uk/housing_advice/how_to_end_your_tenancy?

    If your daughter did not end the rolling tenancy by giving the landlord a legal notice, then her options are

    pay in full
    see if she can make an instalment arrangement
    ignore and see what happens

    If she has other debts she should be getting advice on the whole lot. If it's just this issue, then a chat with Shelter is probably the best bet.

  • ej2095
    ej2095 Posts: 20 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 25 May 2023 at 2:07PM
    (Removed by Forum Team)
    Just been sent the letters
    (Removed by Forum Team)
  • ej2095
    ej2095 Posts: 20 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Letters are above seems very not professional
  • ej2095
    ej2095 Posts: 20 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Sorry all i made a boo boo see redacted letters
  • fatbelly
    fatbelly Posts: 23,904 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The arrears only started in March 2022.

    The fixed period would have ended in Jan 2022. Did your daughter send a notice to the landlord ending her interest in the property at that point? If she did, she is not liable for any of this.

    If she didn't, then provided the figures add up (I haven't checked) then it's likely a court would agree to make a judgement for £6823.29 (not 9k as you originally stated)
  • ej2095
    ej2095 Posts: 20 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    She advised in March 2021 she was not there due to domestic violence via text ( she has copies of this) also emailed as well about police and hospital. But seems the landlord is not interested... She started a new tenancy in a council property in May 2021 ( just her)
  • fatbelly
    fatbelly Posts: 23,904 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 25 May 2023 at 8:40PM
    If that text was a request to terminate the tenancy then that is a defence to any claim.

    It would have been better done in writing but may count

    Check your most recent agreement to see if it says how to give your notice.
    You should either:
    use registered post or recorded delivery
    deliver your notice in person and get proof, for example, a signed receipt
    Only use email if either:
    your tenancy agreement says you can give notice by email
    your landlord has agreed to accept notice by email and you have proof of this

    Let him start a court claim and defend on that basis. The court will decide.
  • fatbelly
    fatbelly Posts: 23,904 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Notice template

    NOTICE TO QUIT
    To: [landlord or agent's name and address]
    From: [your name and address]
    I am giving 1 month's notice to end my tenancy as required by law.
    I will be leaving [property address] on [tenancy end date], or on the day when a complete period of my tenancy ends next after 4 weeks from the day this notice is served.
    Signed: [your signature]


  • ej2095
    ej2095 Posts: 20 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Text and email where sent ( will ask for the email later)
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