Can I sue my joint tennant for unpaid rent

Deejha21

Hello,

I rented a property with my partner under a joint tennancy, 9 months into the tennancy he has not paid any rent and I am struggling to pay the rent of over £1500 by myself. Every month there's some excuse why he can't pay the money he owes me (half of the rent), thankfully the tennancy is up in under 3 months. 

I wanted to know if it is possible to sue him through small claims court for his half of the rent once the tennancy is up? We have a child and he sees no problem with leaving me penniless every month as all the rent and bills are being paid by me.

Thanks 

DullGreyGuy

Deejha21 said:

I rented a property with my partner under a joint tennancy, 9 months into the tennancy he has not paid any rent and I am struggling to pay the rent of over £1500 by myself. Every month there's some excuse why he can't pay the money he owes me (half of the rent), thankfully the tennancy is up in under 3 months. 

I wanted to know if it is possible to sue him through small claims court for his half of the rent once the tennancy is up? We have a child and he sees no problem with leaving me penniless every month as all the rent and bills are being paid by me.

Can you evidence the agreement was that he would pay half? 

How couples agree to finance their joint life is rarely documented and varies significantly between couples. 

I assume this must be an "ex-partner" on the basis you are intending to sue them?

HampshireH

Presumably you don't live together anymore?

Whilst the tenancy may be up you'd both have to leave.

What documents would you rely on in court to evidence their responsibility for 50%?

Just having a joint tenancy won't be enough.

lincroft1710

What is the arrangement between the two of you regarding the payment of rent? Is it in writing?


You can sue your partner. Whether you could convince a judge that your partner had agreed to pay half the rent is another matter and if you did get a favourable judgement, actually getting the money is another.


What actually worries me the most is that a child is being brought up in an atmosphere when one parent is considering suing the other parent because that parent is not paying their way.

PRAISETHESUN

Just keep in mind that the tenancy doesn't just "end" at the completion of the fixed term unless all tenants move out of the property. If you or the other tenant stays, even for 1 day, then a periodic tenancy is created which continues under the terms of the original agreement. If you intend to draw a line under things and end the joint tenancy, then I'd suggest you make sure everyone leaves in 3 months time, or else you could still be on the hook for the unpaid rent even if you don't actually live in the property anymore. Alternatively you could negotiate with the LL to try and end the tenancy early, subject to any reasonable terms they stipulate (eg. reletting costs, etc). Might be the cheaper way forward.

As for the arrangement between you and your co-tenant, that's ultimately a matter you'd need to evidence in court. A signed contract, or even just a series of emails/messages between you might be sufficient. Failing that it will then probably devolve into a "he-said-she-said" affair if you don't have anything to evidence the arrangement, which could get messy.

Voyager2002

Is he paying child support? Possibly this would be easier to collect.

Deejha21

Thanks everyone. 

He is still in the property, I plan to move with family once the tennancy is up, he doesn't know this. He is refusing to leave as his name is on the tennancy even though he has another property he could live at. The only evidence I have is text messages between us. Yes it's sad that the child has to live in this environment but the relationship has become hostile and I'm planning to leave. It's not just the non-payment of rent that's the issue but the fact that he's happy to promise to pay what he owes every week but then leave me broke it's an unlivable situation. My savings have been used and I've got some credit card debt from covering everything on my salary so it would be great if I could legally recover some of the money he owes to pay it off. 

secla

ok the problem you have now is if you move out and he stays the tenancy wont end, you will still be a joint tenant and the landlord will be within his rights to chase you for the money if its not paid.
In a joint tenancy there is no split you are both liable for the full amount. unless you both vacate the tenancy will not automatically end at 12 months

Deejha21

lincroft1710 said:

What is the arrangement between the two of you regarding the payment of rent? Is it in writing?


You can sue your partner. Whether you could convince a judge that your partner had agreed to pay half the rent is another matter and if you did get a favourable judgement, actually getting the money is another.


What actually worries me the most is that a child is being brought up in an atmosphere when one parent is considering suing the other parent because that parent is not paying their way.

Im sad for my child but it is what it is. It's not fair for me to be working full time, running a business, doing 95% of the childcare and child related things, paying all of the bills including the very expensive council tax for the borough paying 50% of the nursery fees, while he works and doesn't contribute. He doesn't do any of the housework either so I think it's only fair if I sue if I can. I can't even think about renting another property because I don't even have enough for a deposit and months rent somewhere else.  One week after payday I'm left with the £100 for the rest of the month which i have to scrimp until I get child benefit payment or ask him for money (like getting blood out of a stone).

Bookworm225

i presume you are not legally married to him?

financial disputes between unmarried "partners" can be resolved by taking court action against one of them, but as others have queried, how good is your evidence that he was "supposed" to pay?

in the context of a relationship breakdown and a child involved you need to sort out more than just unpaid share of rent.... Child Maintenance When Unmarried Parents Separate | Maguire Family Law

Deejha21

No, not legally married. I'll file for child support once I'm out of the property, although he'll probably find a way to dodge this as he's self employed.

Evidence I have is of text messages between us where he agrees to pay half of the rent, also where he agrees to repay his arrears but never pays. I'm hoping this is enough as it's a significant amount of money, as he earns more than me I don't think it's fair that he doesn't pay. He wasn't acting like this until we moved into this property (previous property was in his name) so I think he's done this on purpose.