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Separation - need to leave a joint tenancy!
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DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th0 -
Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?0 -
I agree with the above. If LL comes after you so be it. The priority is you and your children.Sorry you're having to cope with this OP, especially just before Christmas.1
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DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
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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.
This assumes btw England (rather than say NI or Wales..)
Partner can't "force" you to pay half the rent. But the landlord can take both or each to court for unpaid rent: Depending on who landlord takes to court for the debt (ie only after tenancy has ended...) you, or he, or both jointly may be found liable for the debt, attempts at collecting it, CCJ if not paid. Other than paying it all or going bankrupt (a tenant did that to get out of paying me & council tax - council tax more than £15k,,,,) you cannot prevent this being tried (who knows if LL will & if LL succeeds... many landlords don't manage to collect court debt judgements, I only partially succeeded with my debts owed to me from charming ex-tenants. The easy bit is getting judgement (& maybe CCJ), the much harder bit is collecting it. (I guess your partner may help LL with your new addresses...)
Most landlords go after the person most easy to find & most able to pay (they don't care who pay as long as someone does). In your shoes I'd approach landlord (you must have an address for LL in tenancy - (or no rent due!) ) explaining Your cumstances and if appropriate giving LL info on partner's assets (if you have none..). Hopefully LL will have sympathy for you but not partner.
Being as I am on my 3rd marriage I am just pleased the question of school fees never came up for my 3 school age sons.....
Good luck, hope next partner is an improvement. Best wishes to you and your children...
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Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).0 -
saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).0 -
Hills456 said:saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).saajan_12 said:Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
Ideally you would have stopped today's payment so the pain started earlier. If the LL starts chasing ex, then ex might choose to pay the full amount or move. If not and ex just pays the partial rent, then LL might move to evict over rent arrears (more likely once the arrears total 2 full months, so if ex is paying part then this might take until April / June 2025, plus time for court so late summer 2025).Whilst this may speed up an eviction of your ex, you’ll screw your own credit whilst you at it, and still be liable for the rent.
Unless the ex is going to move out, you’re screwed. Best bet is to persuade the ex to move out and pray the LL finds another tenant soon. If you can financially afford to pay the rent after a court case for eviction and CCJ etc, why not offer the ex a financial incentive to leave? Might save you a lot in the long run and, potentially, you’ll get half back in any divorce settlement.2006 LBM £28,000+ in debt.
2021 mortgage and debt free, working part time and living the dream2 -
Hills456 said:DE_612183 said:Hills456 said:DE_612183 said: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 etcMy direct debit came out today so next one is due January 16th
Give the problem ti him - tell the landlord / agent that is what you are doing.
Does the ex or the agent have your current address?
I personally would not hand the key back - as you are still responsible for the property, if he leaves you may need to get access.
As others have said you can't remove yourself from the contract - but you can escalate things to get to a resolution.0 -
Hills, firstly I have to say I do not know the answer to your situation, but I'd suggest you shouldn't do anything until you do.I'm not sure that cancelling your DD was a good move, at least not until having tried to discuss your situation with the LL, ideally getting them onside.I'm not saying you should reinstate it, but my gut reckons you should - hopefully for just one more month or so, until you sort out a plan, possibly with the LL. But, by cancelling, presumably without warning, you have defaulted - you are the one who's done 'wrong', however understandable many may consider it to be. Your situation is messy, and I fear this has just added another layer of complexity.There will be 'best' answers to your situation out there - this must be a very common occurrence - and I'd have thought that CAB and Shelter should be two places on your priority list for advice.As for your rent, think of it this way - if you were the only tenant, and your circumstances changed so that you couldn't keep up payments, would you just cancel your DD without notice? Of course not. You'd contact the LL, explain your predicament, and agree the best way to extract yourself from this tenancy. From the LL's perspective, they just want reliable tenants who pay on time. They don't want a legal mess, or to have to chase folk for arrears.The LL could well be very sympathetic and understanding of your situation and agree to chase the remaining tenant for the full amount, recognising that this would be the moral thing to do, and then instigate eviction if they fail. In other words, your liability would only be the current 1/3rd, and hopefully less with the LL's agreement.Meanwhile, your contribution of 1/3rd doesn't need to change - if your ex drops his to half, then that's his lookout; you stay at the current third.So, I think the best thing to do would be to first reinstate the dd so that you don't default. Then contact the LL explaining the hard facts of your situation. Nothing 'emotive' (no 'spite', no 'unreasonable' no nothing), just state it as it is;1) You have split from your partner2) For the sake of your children, you've 'had to' move out asap, and you have found a place to stay.3) Ex says he'll refuse to end the current tenancy, and adds that he expects me to keep contributing to the current rent. Further, he's threatened to reduce his contribution and make it 50:50. He knows that I cannot afford either level of rent contribution, as I'm having to pay new rent for me and my children.4) I cannot remotely afford to pay two rentals. I cannot return to the current property for the sake of my children.I would therefore wish the tenancy to terminate asap, but understand that this requires the permission of both tenants? Could you confirm this, please? Is there any way around this? If the tenancy cannot be terminated by agreement, then I fear it may be by defaulting on our payments, something I'd much rather avoid, but cannot see any way not to - I cannot afford to maintain two rental properties. What can you suggest, please, to make this as quick and painless as possible? Ie - I am giving you advance notice that 'we' are going to default, because there is no alternative but to do so - neither of us has the money to pay the rent, and that isn't going to change. With that in mind, can you threaten/activate S8 immediately?Something like that.But, I don't know.Priority, surely, get advice - contact CAB and Shelter - they WILL have seen this countless times before.In short, cancelling your DD might 'save' you your rental-third for the time being, but in the longer term it is likely to drag the situation out, and that is going to cost you more, potentially a lot more. Try and get the LL on side to end this 'mare in the quickest way possible.2
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