Separation - need to leave a joint tenancy!

Schwarzwald

_Penny_Dreadful said:

isplumm said:

I have to say I am amazed at some of these responses - the OP has a contract until mid 2026 - which they cannot break without LL permission - they want to move and stop paying any rent at all - leaving the OP ex to pay all of it - which OP admits ex cannot afford - so my question is why should ex be forced to pay the full amount - they clearly don't want the relationship to end - seems to me that it is the ex that is getting screwed, not the OP?

... The relationship is over. The OP is moving out and will have their own living expenses to pay for. The ex is choosing not to end the fixed term early and to remain living in a property they cannot afford. Legally speaking each joint tenant has joint and several liability for paying the full rent so if the ex chooses to remain in occupation let them pay the full rent. 

Well, the OP is also chosing to move out albeit not being able to pay for the existing property and a new one.
They are both not doing the right thing.

but at the end, i agree with the next best step for the OP being: not to pay the rent.
the next best step for the ex is also: not to pay the rent.
they are making their problem a LL problem, but at least they are forcing an outcome.

saajan_12

isplumm said:

I have to say I am amazed at some of these responses - the OP has a contract until mid 2026 - which they cannot break without LL permission - they want to move and stop paying any rent at all - leaving the OP ex to pay all of it - which OP admits ex cannot afford - so my question is why should ex be forced to pay the full amount - they clearly don't want the relationship to end - seems to me that it is the ex that is getting screwed, not the OP?

Indeed, there usually isn't a clear solution that's fair for all in a break up scenario. From the outset, they agreed to live there and pay rent upto 2026 and (presumably) sleep in the same room assuming no spares. However things change.. is it reasonable to expect the
- OP to remain living with an ex, in what might become a disfunctional relationship?
- Or to have to pay for two sets of rent if they choose to live elsewhere?
- Or for Ex to be forced out of a home that he thought was his for another year?
- Or for Ex to pay 100% of a rent for no change except extra space that he doesn't want? 
- Or for the LL to go through the hassle of chasing rent arrears and eviction through no fault of their own? 

Joint & several tenancies operate on a very strong assumption that the tenants are one, with little consideration for them having differing views. Someone (or multiple) of them have to be disappointed. All we can do is advise the practical steps for the OP to get their key priorities sorted while also considering what is somewhat reasonable for hte other parties (otherwise the advice to OP won't work out). Its not fair, but the only practical solution and closest to fair is to force an outcome. And best to do this sooner than later, as letting a few more months go by will not change the argument, just lose more money for OP.