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Rental debt, legal advice.

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Comments

  • freesha
    freesha Posts: 443 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Marcus3344 said:
    My son has a joint debt if £1600 with his ex partner.
    To cut a long story short, he’s never missed a payment even though not living there for 9 months.
    however he is very well aware he is liable for the debt due to joint tenancy.

    If he has 'never missed a payment', how are there £1.6k rent arrears?
  • monkey-fingers
    monkey-fingers Posts: 109 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    freesha said:
    Marcus3344 said:
    My son has a joint debt if £1600 with his ex partner.
    To cut a long story short, he’s never missed a payment even though not living there for 9 months.
    however he is very well aware he is liable for the debt due to joint tenancy.

    If he has 'never missed a payment', how are there £1.6k rent arrears?
    Because his OH wasn't paying her share.
  • freesha
    freesha Posts: 443 Forumite
    Part of the Furniture 100 Posts Name Dropper
    monkey-fingers said:
    freesha said:
    Marcus3344 said:
    My son has a joint debt if £1600 with his ex partner.
    To cut a long story short, he’s never missed a payment even though not living there for 9 months.
    however he is very well aware he is liable for the debt due to joint tenancy.

    If he has 'never missed a payment', how are there £1.6k rent arrears?
    Because his OH wasn't paying her share.
    So he HAS missed a payment - there is no 'his share / her share'. They are both jointly and severally liable for the whole payment every month.
  • monkey-fingers
    monkey-fingers Posts: 109 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    freesha said:
    monkey-fingers said:
    freesha said:
    Marcus3344 said:
    My son has a joint debt if £1600 with his ex partner.
    To cut a long story short, he’s never missed a payment even though not living there for 9 months.
    however he is very well aware he is liable for the debt due to joint tenancy.

    If he has 'never missed a payment', how are there £1.6k rent arrears?
    Because his OH wasn't paying her share.
    So he HAS missed a payment - there is no 'his share / her share'. They are both jointly and severally liable for the whole payment every month.
    Yes, we know this. Read the OP.

    I quote
    "however he is very well aware he is liable for the debt due to joint tenancy."

    You even replied to this.

    He was paying her, expecting her to pay. She didn't.
  • theartfullodger
    theartfullodger Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Landlords don't care who (of joint tenants) pays whatever is owing as long as someone does.

    And usually go after the one who has been paying and/or whoever has a job, assets etc etc,
  • pinkshoes
    pinkshoes Posts: 20,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It would be sensible just to pay it then sue his ex for his half of the deposit and her share of the rent she didn't pay.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • theartfullodger
    theartfullodger Posts: 15,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pinkshoes said:
    It would be sensible just to pay it then sue his ex for his half of the deposit and her share of the rent she didn't pay.
    They both have/had liability for the whole lot of rent to landlord.  No liability (unless they signed something, v unlikely) to each other.  I fear your proposal would fail,
  • monkey-fingers
    monkey-fingers Posts: 109 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    theartfullodger said:
    pinkshoes said:
    It would be sensible just to pay it then sue his ex for his half of the deposit and her share of the rent she didn't pay.
    They both have/had liability for the whole lot of rent to landlord.  No liability (unless they signed something, v unlikely) to each other.  I fear your proposal would fail,
    I disagree. You and I both know that verbal contracts are legal. And the fact that he had spent months (if not years) paying her monthly, shows that it was an implied contract.

    With a bit of luck, he marked the payments as "Rent" or "Share of rent"
  • silvercar
    silvercar Posts: 50,152 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    monkey-fingers said:
    freesha said:
    monkey-fingers said:
    freesha said:
    Marcus3344 said:
    My son has a joint debt if £1600 with his ex partner.
    To cut a long story short, he’s never missed a payment even though not living there for 9 months.
    however he is very well aware he is liable for the debt due to joint tenancy.

    If he has 'never missed a payment', how are there £1.6k rent arrears?
    Because his OH wasn't paying her share.
    So he HAS missed a payment - there is no 'his share / her share'. They are both jointly and severally liable for the whole payment every month.
    Yes, we know this. Read the OP.

    I quote
    "however he is very well aware he is liable for the debt due to joint tenancy."

    You even replied to this.

    He was paying her, expecting her to pay. She didn't.
    He could only (possibly) claim from the ex. He still has a liability to the landlord.

    if the ex has no money, how is he going to get her to pay him?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • user1977
    user1977 Posts: 18,697 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    theartfullodger said:
    pinkshoes said:
    It would be sensible just to pay it then sue his ex for his half of the deposit and her share of the rent she didn't pay.
    They both have/had liability for the whole lot of rent to landlord.  No liability (unless they signed something, v unlikely) to each other.  I fear your proposal would fail,
    No, if parties enter into joint and several liability then that legally implies a requirement for them to reimburse each other if somebody pays more than their due share. So pinkshoes' suggestion works.
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