Separation - need to leave a joint tenancy!

ian1246

Hills456 said:

Thank you for all responses - I have been upfront and honest with the landlord regarding the situation as I always think that is best policy. LL is currently looking at options he has but he said a joint agreement with ex to end the lease would be the better than eviction, which we know.
I emailed ex yesterday giving him until next Monday to agree to end the lease with me, and then I'd be happy to pay my current share of the rent until a new tenant is found. I said this would be preferable to everyone but if he does decide to stay in the property which we all know is not affordable to him, I will need to default on my own payments. Ex in response said that he thought I was incriminating myself and that he doesn't think that's the right route - so I hold out little hope of an agreement as he will probably try to use my defaults on payments against me at some point.
Seemingly, under the tenancy agreement, the easiest way for LL to start eviction is for 14 days' outstanding rent as it doesn't contain a break clause so LL can't end it himself with s.21.
This was the best I could do. 

It would be a good idea, if you haven't already, to ask him what his proposal is for solving the current situation?

That way at least you'll have the evidence that you tried to resolve this amicably, should it ever be needed in the future. If he comes back with a proposal, you'd then have that as evidence of his unreasonableness - though if its a vaguely workable solution, even if uncomfortable for yourself, you also would have to give it serious consideration, since ultimately it is worth bearing in mind that it is yourself initiating the breach of the legal contract you have signed with your ex-partner and landlord by failing to make good your share of the rent. I say this not as judgement - but it is worth just bearing in mind that could be how he'll spin things/ may even genuinely be how he views things. If you can have some evidence of unreasonable demands from it, it might be useful for the future.

_Penny_Dreadful

Hills456 said:

Thank you for all responses - I have been upfront and honest with the landlord regarding the situation as I always think that is best policy. LL is currently looking at options he has but he said a joint agreement with ex to end the lease would be the better than eviction, which we know.
I emailed ex yesterday giving him until next Monday to agree to end the lease with me, and then I'd be happy to pay my current share of the rent until a new tenant is found. I said this would be preferable to everyone but if he does decide to stay in the property which we all know is not affordable to him, I will need to default on my own payments. Ex in response said that he thought I was incriminating myself and that he doesn't think that's the right route - so I hold out little hope of an agreement as he will probably try to use my defaults on payments against me at some point.
Seemingly, under the tenancy agreement, the easiest way for LL to start eviction is for 14 days' outstanding rent as it doesn't contain a break clause so LL can't end it himself with s.21.
This was the best I could do. 

14 days outstanding rent would not be the easiest way for the landlord. That would require a Section 8 notice using ground 10 which is a discretionary ground. No sane landlord walks into court hoping to get a possession order with just a discretionary ground. For arrears a landlord would wait until at least 2 months worth of arrears (8 weeks if rent is paid weekly) is owed so ground 8 could be used which is a mandatory ground for eviction. Your ex could easily scupper a Section 8 with ground 8 by paying off just enough arrears to keep the amount owed under 2 months/8 weeks. 

The sticky at the top of the board about Tenancies in England explains how and when an AST can be ended. 

kimwp

Make sure you have your landlords willingness to end the lease if your ex agrees in writing and evidence that your ex knows this.

ThisIsWeird

ian1246 said:

Hills456 said:

Thank you for all responses - I have been upfront and honest with the landlord regarding the situation as I always think that is best policy. LL is currently looking at options he has but he said a joint agreement with ex to end the lease would be the better than eviction, which we know.
I emailed ex yesterday giving him until next Monday to agree to end the lease with me, and then I'd be happy to pay my current share of the rent until a new tenant is found. I said this would be preferable to everyone but if he does decide to stay in the property which we all know is not affordable to him, I will need to default on my own payments. Ex in response said that he thought I was incriminating myself and that he doesn't think that's the right route - so I hold out little hope of an agreement as he will probably try to use my defaults on payments against me at some point.
Seemingly, under the tenancy agreement, the easiest way for LL to start eviction is for 14 days' outstanding rent as it doesn't contain a break clause so LL can't end it himself with s.21.
This was the best I could do. 

It would be a good idea, if you haven't already, to ask him what his proposal is for solving the current situation?

That way at least you'll have the evidence that you tried to resolve this amicably, should it ever be needed in the future. If he comes back with a proposal, you'd then have that as evidence of his unreasonableness - though if its a vaguely workable solution, even if uncomfortable for yourself, you also would have to give it serious consideration, since ultimately it is worth bearing in mind that it is yourself initiating the breach of the legal contract you have signed with your ex-partner and landlord by failing to make good your share of the rent. I say this not as judgement - but it is worth just bearing in mind that could be how he'll spin things/ may even genuinely be how he views things. If you can have some evidence of unreasonable demands from it, it might be useful for the future.

Yes, and the OP also has the letter she gave her LL, which outlines why she will have to default - ex has left no alternative.

ThisIsWeird

_Penny_Dreadful said:

Hills456 said:

Thank you for all responses - I have been upfront and honest with the landlord regarding the situation as I always think that is best policy. LL is currently looking at options he has but he said a joint agreement with ex to end the lease would be the better than eviction, which we know.
I emailed ex yesterday giving him until next Monday to agree to end the lease with me, and then I'd be happy to pay my current share of the rent until a new tenant is found. I said this would be preferable to everyone but if he does decide to stay in the property which we all know is not affordable to him, I will need to default on my own payments. Ex in response said that he thought I was incriminating myself and that he doesn't think that's the right route - so I hold out little hope of an agreement as he will probably try to use my defaults on payments against me at some point.
Seemingly, under the tenancy agreement, the easiest way for LL to start eviction is for 14 days' outstanding rent as it doesn't contain a break clause so LL can't end it himself with s.21.
This was the best I could do. 

14 days outstanding rent would not be the easiest way for the landlord. That would require a Section 8 notice using ground 10 which is a discretionary ground. No sane landlord walks into court hoping to get a possession order with just a discretionary ground. For arrears a landlord would wait until at least 2 months worth of arrears (8 weeks if rent is paid weekly) is owed so ground 8 could be used which is a mandatory ground for eviction. Your ex could easily scupper a Section 8 with ground 8 by paying off just enough arrears to keep the amount owed under 2 months/8 weeks. 

The sticky at the top of the board about Tenancies in England explains how and when an AST can be ended. 

A sane LL could presumably walk into court requesting an S8 - if armed with evidence from one tenant that this ain't a temporary situation they can work through. 
I don't know how these things work in practice, but I presume an adjudicator decides if the LL is being fair and reasonable in each case. 
"Here's a letter from one of my tenants, m'lud. It says "can't pay, won't pay, throw me out""

ThisIsWeird

If what we've been told is accurate, and should any of this become messy and legal, the OP would appear to have a lot of evidence of unreasonable and controlling behaviour.
Ex holding her still liable for rent even tho they've split up and she's left the property. Ex refusing to pay child maintenance. 
Hopefully, at some point, his solicitor will advise him well. 

Hills456

I could’ve asked ex for what solution he has. But the latest letter from his solicitor was demanding me to pay a higher share in rent until the end of the term in 2026! I think that remains his position… it could get very messy but at least I can proceed somewhat knowing I’ve acted reasonably, honestly and wanting to find some amicable solution. Ex being controlling is a theme throughout this whole separation - not just the tenancy. Very very disappointing.

Olinda99

yes, the solicitor could be right - if it came to.it you are liable for 50% until 2026 and potentially all of it if your ex doesn't pay

bobster2

Olinda99 said:

yes, the solicitor could be right - if it came to.it you are liable for 50% until 2026 and potentially all of it if your ex doesn't pay

The liability extends beyond 2026 - at the end of the fixed term an AST becomes a periodic rolling tenancy until the tenancy is brought to an end by both tenants giving notice (or landlord taking action to end the tenancy).

kimwp

Olinda99 said:

yes, the solicitor could be right - if it came to.it you are liable for 50% until 2026 and potentially all of it if your ex doesn't pay

No. She and ex are jointly liable for 100% of the rent. There is no legal split.