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Separation - need to leave a joint tenancy!
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Hills456 said: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.2006 LBM £28,000+ in debt.
2021 mortgage and debt free, working part time and living the dream0 -
gwynlas said:Are you married in which case you will definrtly be linked financially?
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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.
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Hills456 said: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.As others have already pointed out, legally speaking there is no such thing as your half, each of you is liable for 100% of the rent.You cannot serve notice to end a joint tenancy during the fixed term. Severing the tenancy is something all joint tenants and the landlord would have to agreed to and it doesn't sound like your ex wants to do that. June 2026 is a long way off. There could be a break clause but unless your ex-partner agrees to use it then you'll still be stuck.From a landlord's point of view whilst I could go after both of you for arrears it would be simpler to go after the tenant who remains in the property. Should your ex fail to pay the rent then the landlord could start the eviction process using a Section 8 (assuming you're in England) and whilst this could lead to both of you being taken to court for arrears it would bring about the end of the tenancy sooner than June 2026 and could limit your financial exposure to a months rather than 1.5 years.You might find this information from Shelter useful.
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Thank you for all responses - the separation and move is an entirely separate process which I have a solicitor working on. The little detail which is proving to be quite a significant one is the tenancy - should I get a solicitor for this too?I don’t know whether to email the state agent and copy in my ex saying I plan to stop paying rent.0
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Hills456 said:Thank you for all responses - the separation and move is an entirely separate process which I have a solicitor working on. The little detail which is proving to be quite a significant one is the tenancy - should I get a solicitor for this too?I don’t know whether to email the state agent and copy in my ex saying I plan to stop paying rent.4
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_Penny_Dreadful said:Hills456 said:Thank you for all responses - the separation and move is an entirely separate process which I have a solicitor working on. The little detail which is proving to be quite a significant one is the tenancy - should I get a solicitor for this too?I don’t know whether to email the state agent and copy in my ex saying I plan to stop paying rent.
Instead of a break clause it says we can find alternative tenants. Should I find a random person who wants to move in?!I really don’t know what to do. I think evictions can last months so while that’s in process my arrears will accrue.0 -
Doubt you would find a random person who wants to move in anyway.
How do payments go to the landlord at the moment ( or when you were together ) sis you both pay half to the landlord - or did it come out of one bank account ( and if so who's?)0 -
DE_612183 said:Doubt you would find a random person who wants to move in anyway.
How do payments go to the landlord at the moment ( or when you were together ) sis you both pay half to the landlord - or did it come out of one bank account ( and if so who's?)0 -
Hills456 said:DE_612183 said:Doubt you would find a random person who wants to move in anyway.
How do payments go to the landlord at the moment ( or when you were together ) sis you both pay half to the landlord - or did it come out of one bank account ( and if so who's?)
If it was me - I'd stop paying it all - if he wants to stay there ( and if he wants to keep his credit profile ok ) he'll either start paying or agree to and end to the tenancy ( IF the landlord also agrees ).
Have you spoken to the landlord - whats his take on it?
I'd assume he'd rather have paying tenants, than have to evict etc0
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