Separation - need to leave a joint tenancy!

Hills456

I am in the midst of a separation and I am due to leave (with my 2 children) the property I rent in 1 week's time as a joint tenant with my ex-partner. The fixed term is until June 2026 and there is no break clause. He has refused to do the "change of occupancy" process as he cannot afford the rent on his own so he plans to stay in the property out of spite and force me to pay "my half" which I cannot afford until the end of the term. 

What can I do to ensure I am not chased for rent arrears by the landlord and that my partner won't win in a small claims court later down the line to recover rent from me if he stays and pays for us both for many months.

He is also refusing to pay school fees and child support so I just cannot pay rent for a property I don't live in. 

DE_612183

Not sure what you can do - you signed a contract that does not have the ability to have a break clause so you are liable.

If he stays and pays, I don't think he can claim the money back from you - it's a joint contract so you are jointly liable and if he pays then there is no debt.

If he doesn't pay, then the landlord will quite rightly come after you - but he can come after you for the full amount outstanding not just half.

The school fees and child support are separate issues - what type of school fees?

Hills456

Thank you - I've read that as joint tenants, we are "jointly and severally" liable for the rent. Which means landlord would probably go after him for the whole rent if I stop paying. But I wonder if I can "protect" myself in a way by maybe paying for an additional month or 2, officially serving my notice, handing back my key (i.e. removing all signs of occupation).

Landlord has said the only way of terminating the agreement is if we both agree which won't happen as he can't be bothered to find another home.

gwynlas

Are you married in which case you will definrtly be linked financially?

Do you have somewhere to move to or could this be complicated by referencing?

At some stage in the future you will possibly need to rent and take on sole payment of utilities so you need advice of how to go about leaving without compromising your creditability.

saajan_12

Ultimately there's no protection as such, the point of a joint tenancy is that you trust the other co-tenants and the LL is immunised from intra-tenant issues. 

Hills456 said:

Thank you - I've read that as joint tenants, we are "jointly and severally" liable for the rent. Which means landlord would probably go after him for the whole rent if I stop paying. But I wonder if I can "protect" myself in a way by maybe paying for an additional month or 2, officially serving my notice, handing back my key (i.e. removing all signs of occupation).

Landlord has said the only way of terminating the agreement is if we both agree which won't happen as he can't be bothered to find another home.

No, there's no concept of notice for one person or at all part way through a joint fixed term tenancy in the absence of a break clause. Practically I'd try to negotiate
* early termination if all parties agree
* you finding a sub-tenant (or a lodger for your ex) to pay your portion of the rent, in return for staying in the other room

IF you can't get ex / landlord to agree to those then all you can do is stop paying rent and hope the LL evicts. You'd be liable for costs but at least it would cut things short rather than continuing for another 1.5 years. 

DE_612183 said:

If he stays and pays, I don't think he can claim the money back from you - it's a joint contract so you are jointly liable and if he pays then there is no debt.

Well no, as between the LL and the co-tenants, its a joint contract so if the ex pays then the LL has no further claim. But as between OP and ex, they presumably have a verbal agreement to pay for half the rent each, so ex could pay and seek the rest back. There may be other factors eg children and OP not living there, but its not as clear cut as no further debt. 

DullGreyGuy

Hills456 said:

Thank you - I've read that as joint tenants, we are "jointly and severally" liable for the rent. Which means landlord would probably go after him for the whole rent if I stop paying. But I wonder if I can "protect" myself in a way by maybe paying for an additional month or 2, officially serving my notice, handing back my key (i.e. removing all signs of occupation).

Landlord has said the only way of terminating the agreement is if we both agree which won't happen as he can't be bothered to find another home.

The landlord would go after both of you for 100% each. They cannot receive 100% from both of you but there is no point picking one over the other when you can chase both at the same time which significantly increases their chances of being paid. 

Having a tenancy agreement doesn't oblige you to live there, so removing all signs of your occupation makes no difference at all. 

The way to protect yourself is to come to an agreement with your ex on what it takes for the two of you to give notice. Sometimes a professional mediator can make finding an acceptable solution easier.

Olinda99

Just for clarity if your ex does not pay the rent you are equally liable to pay it all until the end of the tenancy ie the landlord can come after him, you or both for the rent

RAS

Even if your ex agrees to terminate the rental agreement, you would both still need the LL to agree voluntary surrender. Otherwise you are still each 100% liable to pay the whole rent until the end of the fixed term.

If your ex isn't happy about the relationship ending, doesn't want the children moving out, or just wants to punish you, he can stay put, not pay the rent and leave the LL to sue you. The best you can do is to beg the LL to start eviction proceedings immediately 2 months rent is owed. Even if he's effective, it could be 6 months or more before he has to leave.

As to school fees, unless he signed the children up, he's not liable. And whilst you can apply for child support, there's no guarantee he will pay. If he's salaried, there's a decent chance, but if he's a director, self employed, partner, much more difficult. 

Do you have any joint financial accounts?

DE_612183

Of course - if you are still liable - you can also still use the property - perhaps just going there every couple of days may make him come to some arrangement about ending the tenancy - I'm sure he may want to move on with his life as well, which may be hard if you keep popping back in...

ian1246

Out of curiosity, why are the kids going with you? Does your ex pose a risk to them? Domestic Violence? If they have a safe house, it would absolutely make sense for them to stay put unless there is a pressing need to drag them through such upheaval.

Remember, its the 21st century - men have as much right to their children as women... there is no automatic rule or entitlement which requires the mum has to be principle carer.

There is nothing you can do with regards to liability for the contact signed.

DE_612183

ian1246 said:

Out of curiosity, why are the kids going with you? Does your ex pose a risk to them? Domestic Violence? If they have a safe house, it would absolutely make sense for them to stay put unless there is a pressing need to drag them through such upheaval.

Remember, its the 21st century - men have as much right to their children as women... there is no automatic rule or entitlement which requires the mum has to be principle carer.

There is nothing you can do with regards to liability for the contact signed.

yes, probably needs a bit more detail to comment on situation