We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Separation - need to leave a joint tenancy!
Options
Comments
-
OP you haven't said if either you or the ex have a regular reasonable income? I ask because the LL is going to chase the person who is most likely to be able to pay
I feel sorry for the LL who has been landed in this (as well as for OP, obviously) because they are now stuck with a single tenant who can't afford the rent and apparently isn't going to be looking to move until he is forced to0 -
FlorayG said:OP you haven't said if either you or the ex have a regular reasonable income? I ask because the LL is going to chase the person who is most likely to be able to pay
I feel sorry for the LL who has been landed in this (as well as for OP, obviously) because they are now stuck with a single tenant who can't afford the rent and apparently isn't going to be looking to move until he is forced to
0 -
ThisIsWeird said:Hills456 said:Thank you- so helpful. Do you suggest copying ex into this email?I still have a few days until the rent is actually due - maybe I pay for the few days in December only to make it to my move out date on 27th? I could be open about this in the email to the landlords?I just don't know, Hills - sorry. And also check out Saajan's reply to my post above.You need proper advice - have you contacted CAB and Shelter yet? If not, that's what you should be doing.My take on this is that you should be upfront with the LL, and not just cancel without notice. Make it clear you have to - you have no choice; you must prioritise your kids. If you don't - if you just stop paying - then the LL will likely consider you equally 'morally' liable as well as financially. It'll also prompt them to get a S8 'ready'!Most LL's try and negotiate with their tenants if there are problems paying the rent on time, and this can eat up weeks and months before they ultimately act. You are being upfront - payment just cannot happen. You have had to move out - so your ex either pays for it all, or he defaults too. And, if you know he cannot pay this rent on his own, might as well tell the LL this too. Ie - he just isn't going to get his rent paid, full stop. So, the sooner he can enact an S8 the better for you all.If you can save as much of your third of the rent until this happens, you can inform the LL that you will make good your deficit as soon as you possibly can. Yes, the LL can hold you jointly liable for the missing rent, but the LL may be minded to consider the matter severally-liable instead, so will pursue only your ex for any default. I'm guessing a LL has that option? But, like all this, I don't know.In an ideal world, a LL could come onside in such matters, especially if it suits them too, and a fast resolution to this would do so. So, if they inform your ex that he will be prioritised for any rent shortfall, that could well focus your ex's mind to sign an exit.Obliging your ex to agree to end the tenancy would be a good result for the LL too.But, did I mention you need proper advice?0
-
The landlord may insist you pay up to the point a new tenant is in ( rather than two months - but the principal is the same ) - after all why should he lose money?1
-
DE_612183 said:The landlord may insist you pay up to the point a new tenant is in ( rather than two months - but the principal is the same ) - after all why should he lose money?
if he’s going to be difficult I’ll stop payment to force eviction etc0 -
Hills456 said:ThisIsWeird said:Hills456 said:Thank you- so helpful. Do you suggest copying ex into this email?I still have a few days until the rent is actually due - maybe I pay for the few days in December only to make it to my move out date on 27th? I could be open about this in the email to the landlords?I just don't know, Hills - sorry. And also check out Saajan's reply to my post above.You need proper advice - have you contacted CAB and Shelter yet? If not, that's what you should be doing.My take on this is that you should be upfront with the LL, and not just cancel without notice. Make it clear you have to - you have no choice; you must prioritise your kids. If you don't - if you just stop paying - then the LL will likely consider you equally 'morally' liable as well as financially. It'll also prompt them to get a S8 'ready'!Most LL's try and negotiate with their tenants if there are problems paying the rent on time, and this can eat up weeks and months before they ultimately act. You are being upfront - payment just cannot happen. You have had to move out - so your ex either pays for it all, or he defaults too. And, if you know he cannot pay this rent on his own, might as well tell the LL this too. Ie - he just isn't going to get his rent paid, full stop. So, the sooner he can enact an S8 the better for you all.If you can save as much of your third of the rent until this happens, you can inform the LL that you will make good your deficit as soon as you possibly can. Yes, the LL can hold you jointly liable for the missing rent, but the LL may be minded to consider the matter severally-liable instead, so will pursue only your ex for any default. I'm guessing a LL has that option? But, like all this, I don't know.In an ideal world, a LL could come onside in such matters, especially if it suits them too, and a fast resolution to this would do so. So, if they inform your ex that he will be prioritised for any rent shortfall, that could well focus your ex's mind to sign an exit.Obliging your ex to agree to end the tenancy would be a good result for the LL too.But, did I mention you need proper advice?I'd word any conversation on the basis of you simply "cannot afford to pay for both rentals, so cannot help but default - I'm just letting you know the facts, so you can get your tenancy termination up and running as soon as possible". Coupled with, "I have had no option but to move out - staying there was untenable" (if that's the truth).Ie, don't make it sound as tho' you are 'choosing' to stop paying just to force the ex to terminate, but that you simply cannot afford to keep the payments going even medium term.
2 -
ThisIsWeird said:Hills456 said:ThisIsWeird said:Hills456 said:Thank you- so helpful. Do you suggest copying ex into this email?I still have a few days until the rent is actually due - maybe I pay for the few days in December only to make it to my move out date on 27th? I could be open about this in the email to the landlords?I just don't know, Hills - sorry. And also check out Saajan's reply to my post above.You need proper advice - have you contacted CAB and Shelter yet? If not, that's what you should be doing.My take on this is that you should be upfront with the LL, and not just cancel without notice. Make it clear you have to - you have no choice; you must prioritise your kids. If you don't - if you just stop paying - then the LL will likely consider you equally 'morally' liable as well as financially. It'll also prompt them to get a S8 'ready'!Most LL's try and negotiate with their tenants if there are problems paying the rent on time, and this can eat up weeks and months before they ultimately act. You are being upfront - payment just cannot happen. You have had to move out - so your ex either pays for it all, or he defaults too. And, if you know he cannot pay this rent on his own, might as well tell the LL this too. Ie - he just isn't going to get his rent paid, full stop. So, the sooner he can enact an S8 the better for you all.If you can save as much of your third of the rent until this happens, you can inform the LL that you will make good your deficit as soon as you possibly can. Yes, the LL can hold you jointly liable for the missing rent, but the LL may be minded to consider the matter severally-liable instead, so will pursue only your ex for any default. I'm guessing a LL has that option? But, like all this, I don't know.In an ideal world, a LL could come onside in such matters, especially if it suits them too, and a fast resolution to this would do so. So, if they inform your ex that he will be prioritised for any rent shortfall, that could well focus your ex's mind to sign an exit.Obliging your ex to agree to end the tenancy would be a good result for the LL too.But, did I mention you need proper advice?I'd word any conversation on the basis of you simply "cannot afford to pay for both rentals, so cannot help but default - I'm just letting you know the facts, so you can get your tenancy termination up and running as soon as possible". Coupled with, "I have had no option but to move out - staying there was untenable" (if that's the truth).Ie, don't make it sound as tho' you are 'choosing' to stop paying just to force the ex to terminate, but that you simply cannot afford to keep the payments going even medium term.0
-
Just to be crystal clear - you are legally liable for the whole rent (not just a third of it) up to the date of the end of the contract
hopefully it won't come to that but legally that is the situation so it could be expensive for you if for example your ex stops paying anything4 -
Olinda99 said:Just to be crystal clear - you are legally liable for the whole rent (not just a third of it) up to the date of the end of the contract
hopefully it won't come to that but legally that is the situation so it could be expensive for you if for example your ex stops paying anything
OP, as much as you possibly can, set aside the rent you would have been paying (and more if possible) for when this does come to a head and you have to pay something back.1 -
Hills456 said:As I’m moving to my mum’s house there is no second rental but can I say I cannot afford due to children expenses and bills at new house which he’s saying he also won’t pay for?No, please don't fib. Just don't mention 'rental' at all, then!You probably have enough to justify your claim that you won't have enough money left to keep covering your 1/3rd, since your ex has refused to pay maintenance for your kids, and you are currently involved in legal action to resolve this - tell the LL all this, so they better understand the calibre of your ex. Make it clear to the LL that your intention will be to ultimately pay back what you owe them, your contribution to the rent. But if the situation drags on, the accumulated amount will obviously take you longer to repay. It's therefore in everyone's interest to act as soon as is permissible. Therefore, with the LL's understanding, you will 'have to stop paying your 1/3rd as you are fully providing for your children at the moment', and that will leave your ex to pay all the current rent should he wish to remain there (in his misguided hope that you will be stuffed by the LL too), or he can continue to only pay 2/3rds, in which case the LL shoves out a S8 post-haste (with the supporting evidence from you, of your ex's intention).I am hoping the LL will be of decent calibre, and will take on board the situation. They are the ones who will ultimately make the decision on eviction and how to recover any lost rent (obviously the deposit first!), and they are also presumably the ones who can decide who to chase for this. It would seem, from what other posters on here have said, that they have the freedom to pursue the most likely successful outcome, and that would surely be the remaining tenant - the one who always paid the majority of the rent in any case.Is your ex able to cover the whole rent, do you think?You said in an earlier post, "At the moment it’s direct debit - ex pays 2/3 and I pay 1/3 rent. He is threatening I would need to start paying half." In what form did he make this threat - can you evidence it? Text? Email? That is clearly unreasonable, since he's threatening to make you pay more when you aren't even there. Another poster on here - Ian - suggested that this could amount to "financial abuse as part of a pattern of controlling and coercive behaviour".Is it part of a pattern? Even if not, I think the vast majority of impartial folk would consider this threat to be unreasonable and hard for him to justify in any practical sense, so it could only be intended as a means of coercion and control. Or punishment & revenge. All of it deplorable, and very possibly criminal.I'll ask again - is there anyone on his side of the family who could be supportive in this? Have a quiet word with him? If this sorry mess continues to an unpleasant conclusion, isn't the guy aware of what his reputation could be when all the facts come out? Where does he work, for example - how would his colleagues react to this?Someone needs to have a word in his ear.2
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.7K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards