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.
📨 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!
Can I sue my joint tennant for unpaid rent
Options
Comments
-
If the OP's partner refuses to move out, then the OP can apply for an occupation order to have the tenancy transferred into their name alone. They'd then be able to end the tenancy and move out.
However, this is typically done in situations where (e.g.) children are at risk, e.g. if there is violence or abuse. If such does not exist, then getting an occupation order may be slow and/or difficult. However, the option is there.
As suggested above, talking to charities and organisations about the situation is a good idea.
Is this in England? I was quite surprised to read the following on the Shelter website. This is for joint tenants. I find the bit I've bolded to be most surprising. Is this true?
https://england.shelter.org.uk/housing_advice/private_renting/joint_tenancy_relationship_breakdownEnding a rolling or periodic tenancy
It's easier to end a rolling or periodic tenancy. You do not need your ex's agreement.
But think about and discuss this step with you ex if you can.
The tenancy will end for both of you. Your landlord could evict anyone still living there by changing the locks when they're out.
0 -
RHemmings said:Is this in England? I was quite surprised to read the following on the Shelter website. This is for joint tenants. I find the bit I've bolded to be most surprising. Is this true?1
-
This turns previous advice on it's head.
If the tenancy has been surrendered, and the other tenant isn't entitled to stay, they'd be a trespasser?
Not that this has been the way the situation has been discussed in previous threads on MSE. Perhaps there is some recent case law preventing the departing tenant from being liable for the "amount equivalent to double rent".
Based on this, the important thing is that @Deejha21 does NOT give notice to leave at the end of the fixed tenancy. She has to give notice to terminate the following rolling or periodic tenancy.
So she will find herself paying one month or more of the periodic tenancy.
She may want to find out who the lead tenant for the deposit is but I'd assume that however the ex leaves, the property is not going a good condition?
OP, the issue of giving notice to leave a tenancy after one month of a periodic tenancy has led to a lot of discussion on MSE. I'd suggest you get chapter and verse from Shelter.If you've have not made a mistake, you've made nothing1
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.1K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.1K Work, Benefits & Business
- 599.2K Mortgages, Homes & Bills
- 177K Life & Family
- 257.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards