Can I sue my joint tennant for unpaid rent

Herzlos

Are you financially tied to him in any way? What's your credit like and need for credit in the future?

It may be better for you to just move out now and leave him to deal with it. See if the landlord can drop you from the joint tenancy. 

If not, the landlord will evict you both and sue both of you for unpaid rent, resulting in both of you getting CCJs.  You should be liable for 50% each. 

It'll potentially screw both of you financially for a while, but given you're already struggling and going to move in with family you may as well get it over with now instead of waiting 3 months and making it worse. 

The more you prop him up now, the more imbalanced it'll be. Given it's a hostile environment already, getting out sooner rather than later is better, and it's not worth you suffering more to insulate him from reality. 

Edit: As soon as you're out, cancel all of the bills you are paying too. That'll at least save you some money and you don't want to be paying for his gas/electricity/phone once you're no longer there. 

Herzlos

FlorayG said:

PLEASE don't just move out. You will still be a tenant in that property and still liable for the rent

The end result is the same though? Stay and pay 3 months rent, or move out and owe 3 months rent?

FlorayG

Herzlos said:

It may be better for you to just move out now and leave him to deal with it. See if the landlord can drop you from the joint tenancy. 

It's sadly not as simple as that. This would require a whole new tenancy agreement - 'agreement' being the operative word, if the partner doesn't want one then he won't sign one

Herzlos

FlorayG said:

Herzlos said:

It may be better for you to just move out now and leave him to deal with it. See if the landlord can drop you from the joint tenancy. 

It's sadly not as simple as that. This would require a whole new tenancy agreement - 'agreement' being the operative word, if the partner doesn't want one then he won't sign one

I thought there was some clause/leeway around dropping tenants where there's an abusive situation?

Edit: It looks like there isn't: https://england.shelter.org.uk/professional_resources/legal/housing_options/housing_options_for_people_experiencing_domestic_abuse/housing_rights_of_domestic_abuse_survivors#staying-in-a-joint-tenancy

RAS

A lot of incorrect information in these responses mixed up with some accurate information. 

OP, you need to talk to Shelter urgently and probably an economic abuse charity as well, because that is what you are experiencing.

If you move out without resolving the tenancy, your partner can stay as long as the LL hasn't evicted him. And you are fully liable for all the rent and legal and bailiff fees.

So please speak to Shelter ASAP. You may need a co-operative LL to evict you both.

sheramber

Contact Women’s Aid for advice/ help. 

_Penny_Dreadful

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?

There isn't a benefit so I don't know why it's being suggested.

Only the tenant or a court can legally end a tenancy.  A landlord issues a section 21 because at the end of the notice period they intend to apply to court for a possession order.  It's a much more lengthy process than the tenant serving notice themselves.  The sticky at the top of the board explains how an AST can be ended.  Luckily, in England, any one of the joint tenants can serve notice and the tenancy ends for everyone.

What you're describing sounds like financial abuse so it might be worth contacting an organisation such as Women's Aid might be helpful.

I'd focus on ending the tenancy and finding a new home for you and your child.  Then you can look at sending a letter-before-action to your (presumably) ex-partner before filing a Money Claim Online.  Having taken a few people to court in my time my experience is that winning the judgement is the easy part, enforcing the judgement, especially when the defendant is self-employed, is the difficult part.

artyboy

_Penny_Dreadful 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?

There isn't a benefit so I don't know why it's being suggested.

Only the tenant or a court can legally end a tenancy.  A landlord issues a section 21 because at the end of the notice period they intend to apply to court for a possession order.  It's a much more lengthy process than the tenant serving notice themselves.  The sticky at the top of the board explains how an AST can be ended.  Luckily, in England, any one of the joint tenants can serve notice and the tenancy ends for everyone.

What you're describing sounds like financial abuse so it might be worth contacting an organisation such as Women's Aid might be helpful.

I'd focus on ending the tenancy and finding a new home for you and your child.  Then you can look at sending a letter-before-action to your (presumably) ex-partner before filing a Money Claim Online.  Having taken a few people to court in my time my experience is that winning the judgement is the easy part, enforcing the judgement, especially when the defendant is self-employed, is the difficult part.

Yea but if the OP writes to the LL to end the tenancy, moves out, and the ex stays put, then all of a sudden the LL can charge double rent. And the OP is still jointly on the hook...

Bookworm225

artyboy said:

_Penny_Dreadful 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?

There isn't a benefit so I don't know why it's being suggested.

Only the tenant or a court can legally end a tenancy.  A landlord issues a section 21 because at the end of the notice period they intend to apply to court for a possession order.  It's a much more lengthy process than the tenant serving notice themselves.  The sticky at the top of the board explains how an AST can be ended.  Luckily, in England, any one of the joint tenants can serve notice and the tenancy ends for everyone.

What you're describing sounds like financial abuse so it might be worth contacting an organisation such as Women's Aid might be helpful.

I'd focus on ending the tenancy and finding a new home for you and your child.  Then you can look at sending a letter-before-action to your (presumably) ex-partner before filing a Money Claim Online.  Having taken a few people to court in my time my experience is that winning the judgement is the easy part, enforcing the judgement, especially when the defendant is self-employed, is the difficult part.

Yea but if the OP writes to the LL to end the tenancy, moves out, and the ex stays put, then all of a sudden the LL can charge double rent. And the OP is still jointly on the hook...

not precisely correct
LL cannot charge double rent if the tenancy is a) periodic and b) the tenancy has been validly severed/ended by notice from one of the (joint) tenants.  The remaining occupant can be charged, but not the person who gave notice and has left.

Joint private tenancies and relationship breakdown - Shelter England

_Penny_Dreadful

artyboy said:

_Penny_Dreadful 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?

There isn't a benefit so I don't know why it's being suggested.

Only the tenant or a court can legally end a tenancy.  A landlord issues a section 21 because at the end of the notice period they intend to apply to court for a possession order.  It's a much more lengthy process than the tenant serving notice themselves.  The sticky at the top of the board explains how an AST can be ended.  Luckily, in England, any one of the joint tenants can serve notice and the tenancy ends for everyone.

What you're describing sounds like financial abuse so it might be worth contacting an organisation such as Women's Aid might be helpful.

I'd focus on ending the tenancy and finding a new home for you and your child.  Then you can look at sending a letter-before-action to your (presumably) ex-partner before filing a Money Claim Online.  Having taken a few people to court in my time my experience is that winning the judgement is the easy part, enforcing the judgement, especially when the defendant is self-employed, is the difficult part.

Yea but if the OP writes to the LL to end the tenancy, moves out, and the ex stays put, then all of a sudden the LL can charge double rent. And the OP is still jointly on the hook...

The landlord cannot charge double rent, rent is no longer due as the tenancy has ended. What the landlord can, under section 18 of the Distress for Rent Act 1737, is charge the tenant an amount equivalent to twice the rent. It’s an important distinction that the amount being charged is not rent otherwise the landlord will create a new AST.