Can I sue my joint tennant for unpaid rent

HampshireH

Whilst it isn't fair it doesn't resolve the issue you have or both needing to move out 

If he stays you will continue to be jointly liable for any rent and arrears 

housebuyer143

Apparently I have read that you can give notice for the both of you, so give your landlord notice now that the tenancy will be ending. He might leave when you go at the end in which case the tenancy will end. If he doesn't then they will chase you for the rent but whether you then choose to pay anything is your choice. 

Btw, completely agree with you leaving and suing him. He sounds like a financially controlling person and you might as well be single as you are living like it now.

FlorayG

Please read up on the rules of ending a tenancy. It doesn't just 'end' and you have to leave at the end of the 12 month AST, it becomes a rolling tenancy. You need to give notice that you intend to leave at the end of the time period stipulated and even then, if your partner doesn't move out and you do, you are jointly responsible for the rent until he is evicted ( however, the fact that you did move and he didn't despite you having ended the tenancy will stand in your favour in court)
PLEASE don't just move out. You will still be a tenant in that property and still liable for the rent

Deejha21

Thanks all for the advice. I'll be giving my landlord notice of ending the tennancy I won't just leave. I just need to make sure I can definitely stay with family before doing that as I won't have a deposit for another tennancy.

theartfullodger

Only 2 n's in tenant.  You both have contract with landlord, landlord doesn't care who pays as long as someone does. And can take both of you to court for debt.

But unless you can produce a contract with the other joint tenant I cannot see under what basis you can sue him. Sorry!  

Further bad news, since Landlord/agent can see you've been paying like a good 'un I think we know who they will pursue for any debt.  Sorry.  

Suggest visit citizen advice and see what they suggest .

My view of him is unprintable.  What a toad.

vacheron

secla said:

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

Good point. One thing you might consider is to ask the landlord if they can serve you Section 21 notice 2 months before the fixed tennancy is due to end. 

I'm sure they would prefer a rolling tennant, but if you explain the situation to them and present the risk that the rental may immediately go into arrears meaning they may have to evict, they may be quite accommodating. Plus it gives them 2-3 months to start looking for a new tennant.

Deejha21

vacheron said:

secla said:

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

Good point. One thing you might consider is to ask the landlord if they can serve you Section 21 notice 2 months before the fixed tennancy is due to end. 

I'm sure they would prefer a rolling tennant, but if you explain the situation to them and present the risk that the rental may immediately go into arrears meaning they may have to evict, they may be quite accommodating. Plus it gives them 2-3 months to start looking for a new tennant.

What's the benefit of a section 21 notice over just giving notice myself of not continuing the tenancy please? And is it better to ask the landlord directly or the letting agent?

housebuyer143

Deejha21 said:

vacheron said:

secla said:

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

Good point. One thing you might consider is to ask the landlord if they can serve you Section 21 notice 2 months before the fixed tennancy is due to end. 

I'm sure they would prefer a rolling tennant, but if you explain the situation to them and present the risk that the rental may immediately go into arrears meaning they may have to evict, they may be quite accommodating. Plus it gives them 2-3 months to start looking for a new tennant.

What's the benefit of a section 21 notice over just giving notice myself of not continuing the tenancy please? And is it better to ask the landlord directly or the letting agent?

It means the landlord can start court proceedings if you don't leave at the end of the tenancy. If you serve notice and then your ex doesn't leave, I believe the landlord has to serve the notice then and wait 2 months before he can take court action. 

newsgroupmonkey_

Surely you'd be better off not paying the Landlord who then puts in an accelerated S8. Would be much quicker way of getting them out and as long as you pay what's owed by the time you're actually kicked out, then everyone wins (except the ex)

vacheron

housebuyer143 said:

Deejha21 said:

vacheron said:

secla said:

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

Good point. One thing you might consider is to ask the landlord if they can serve you Section 21 notice 2 months before the fixed tennancy is due to end. 

I'm sure they would prefer a rolling tennant, but if you explain the situation to them and present the risk that the rental may immediately go into arrears meaning they may have to evict, they may be quite accommodating. Plus it gives them 2-3 months to start looking for a new tennant.

What's the benefit of a section 21 notice over just giving notice myself of not continuing the tenancy please? And is it better to ask the landlord directly or the letting agent?

It means the landlord can start court proceedings if you don't leave at the end of the tenancy. If you serve, notice and don't then your ex doesn't leave, I believe the landlord has to serve the notice then and wait 2 months before he can take court action. 

This /|\ 

I was considering the scenario of what if your partner didn't intend to leave at the end of the tenancy and may just remain on a rolling tennancy (and contnue to expect you to pick up the bill).

This way it appears as if the landlord wants you to vacate at the end of the fixed term, who your partner may be far less likely to mess around / antagonise, meaning you can fully end the contract, and therefore avoid any ongoing joint liability in the future which may damage your credit report as well as his.