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Leaving joint tenancy

Just asking for advise.

Recently found out my partner has been cheating on me for several years, aswell as being opened to the abusive behaviour that I was receiving from him - only realised when looking from the outside in what had actually been happening.

We currently have a joint tenancy together which is due to end in a couple of months.

Rent is paid via direct debit from my account, he would send over his half each month. So I was wondering if when I leave, hopefully sooner than the few months left, how easy it would be to swap the direct debit to himself/or if I just cancelled it from my account completely.
Lettings people have been very helpful so want to cause minimal issues with them.
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  • dimbo61
    dimbo61 Posts: 13,712
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    You need to serve notice to quit the property or you are still in a Joint and several tenancy.

    https://www.which.co.uk/consumer-rights/advice/my-housemate-has-stopped-paying-their-rent-do-i-have-to-pay
  • Pixie5740
    Pixie5740 Posts: 14,515
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    We currently have a joint tenancy together which is due to end in a couple of months.

    Why is your current tenancy due to end in a couple of months? Have you served notice to end the tenancy or do you mean that the fixed term is about to end rather than the tenancy itself?

    Read G_M's guide to Ending/Renewing an AST for further information. (I have taken a punt that you are in England given your user name.)
    Rent is paid via direct debit from my account, he would send over his half each month. So I was wondering if when I leave, hopefully sooner than the few months left, how easy it would be to swap the direct debit to himself/or if I just cancelled it from my account completely.

    Are you positive that you pay rent by direct debit? It's very unusual to pay rent in this way; standing order is far more common.
  • Sorry for late replies.

    Fixed term due to end in couple months, break clause makes it sooner - I’ve surrendered.

    Paid by direct debit as HA but full rent not council rate. If it were standing order this would be a lot easier.
  • Tried looking on Shelter site but nowhere really mentions the direct debit for rent, seems it!!!8217;s not at all common, and their online chat don!!!8217;t open again till Monday so hoped people here would be helpful.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    Does your partner know that you have served notice to invoke the break clause? For the tenancy to end both of you will need to move out or if he wants to stay the landlord would have to agree to granting him a new tenancy.

    You can't just transfer a direct debit into someone else's name. That's not how they work.
  • No he doesn!!!8217;t know as after the revelation he walked out and left.
    Refused to sign the surrender and was using it as collateral to come back and stay till end of fixed term.

    I have spoken to the HA regarding the reasons that the tenancy needs to end, they advised that I could surrender on my own and have accepted it.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    No he doesn!!!8217;t know as after the revelation he walked out and left.
    Refused to sign the surrender and was using it as collateral to come back and stay till end of fixed term.

    I have spoken to the HA regarding the reasons that the tenancy needs to end, they advised that I could surrender on my own and have accepted it.

    If your ex has walked out does that mean he is living elsewhere now? If so why is there a need for him to set up a direct debit to pay the rent in the future?

    The letting agent is correct in that it only takes one joint tenant to serve notice since joint tenants are seen as a single legal entity. However, unless you both vacate the property you will still be liable for the rent....double rent in fact. Please do read the information in the link I provided earlier.
  • He walked out. Said he would maintain his commitments to pay till the end of the fixed term.

    A day later he changed his mind when we were told we could surrender early. He is now coming back and expecting to stay in the property till the end of the fixed term, rather than the surrender notice period. He is doing this as he knows that due the circumstances surrounding the split that I would not want to stay here with him. It’s the final thing he can do to hurt me.

    He is coming back the beginning of the week and, from what I understand, expects everything to go back to ‘normal’ for the remainder of the term. This is not going to happen.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    edited 10 February 2018 at 9:25PM
    I've just given you advice based on the legalities of ending a joint tenancy. For advice about leaving an abusive relationship I leave that to more experiences organisations such as Women's Aid and Refuge.

    http://www.nationaldomesticviolencehelpline.org.uk
  • Yes Contact Women's Aid, see what you can do to protect yourself. See if you can legally change the locks.
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