Domestic abuse - Need to end tenancy early?

titchiban98 · 7 February 2018 at 12:31PM

Hello, please help.
I am 13 weeks pregnant and 4 weeks ago me and my partner started renting a house together. We signed a 12 month tenancy agreement as joint tenants, since we’ve moved in my partner has been very abusive towards me emotionally and physically and it’s getting unbearable.
He keeps threatening on an almost daily basis that he’s going to move away to his parents (half way across the country) and not come back or pay any money towards the rent but I absolutely cannot afford to pay all the bills and rent on my own so obviously the thought of this is very distressing as I would be stuck paying the entirety of the rent aswell as all the bills whilst stuck in a house I don’t even want to be in anymore if he did do that and I simply don’t have the money.
This is incredibly stressful for me and I just don’t know what to do, I can’t be left paying £500 rent on my own for the next 12 months whilst he’s off living the high life getting away with paying squat and then when the baby does come my financial situation will be a complete mess and I’ll be all on my own.
I want to end the tenancy and move back to my parents until I can afford to live on my own but I don’t know how to go about this.
Please someone help, what can I do?

G_M · 7 February 2018 at 12:39PM

You will need to talk calmly to your partner and agree the best way forward for you both, and then speak to your landlord.

You cannot end the tenancy by yourself, hence the need to discuss with your partner first.

Unless of course he does leave, but even then, his agreement would be needed - if you moved out with the LL's agreement and tthe LL re-let the property, your partner could try to return and claim illegal eviction by the LL!

Having said that, most LLs will be sympathetic (I hope). And no LL wants to be stuck with a tenant who does not (cannot) pay the rent. Better for the LL to agree to end the tenancy than deal with ever-increasing arrears.

Anther option might be for you to take the initiative, and move back to your parents first, leaving your partner with the problem of the tenancy......

paddycharlie · 7 February 2018 at 12:40PM

Have you spoken to the LL about it?

They may be willing to agree an ending the tenancy early with or without penalty fees. Or they may be willing to agree to end it early once a new tenant is found.

May be worth reminding your ex that he is jointly liable for the rent so if you can't pay the LL can come after him for the money as well either to get him to contribute or to agree to ending the tenancy if it is possible

titchiban98 · 7 February 2018 at 12:41PM

Thank you for replying. We!!!8217;ve gone through an estate agent, the actual landlord is an old man do you think we!!!8217;d be better speaking to him directly or should we go through the estate agent?

Pixie5740 · 7 February 2018 at 12:46PM

titchiban98 wrote: »

Hello, please help.
I am 13 weeks pregnant and 4 weeks ago me and my partner started renting a house together. We signed a 12 month tenancy agreement as joint tenants, since we’ve moved in my partner has been very abusive towards me emotionally and physically and it’s getting unbearable.
He keeps threatening on an almost daily basis that he’s going to move away to his parents (half way across the country) and not come back or pay any money towards the rent but I absolutely cannot afford to pay all the bills and rent on my own so obviously the thought of this is very distressing as I would be stuck paying the entirety of the rent aswell as all the bills whilst stuck in a house I don’t even want to be in anymore if he did do that and I simply don’t have the money.
This is incredibly stressful for me and I just don’t know what to do, I can’t be left paying £500 rent on my own for the next 12 months whilst he’s off living the high life getting away with paying squat and then when the baby does come my financial situation will be a complete mess and I’ll be all on my own.
I want to end the tenancy and move back to my parents until I can afford to live on my own but I don’t know how to go about this.
Please someone help, what can I do?

From a legal point of view each of you has joint and several liability for the whole rent until the end of the fixed term. If the rent is not paid the landlord can pursue either or both of you for the unpaid rent but if your partner is being abusive towards you then you have bigger fish to fry that a potential CCJ.

Contact Women's Aid (0808 2000 247) and Shelter (Helpline
0808 800 4444) for advice.

G_M · 7 February 2018 at 12:47PM

titchiban98 wrote: »

Thank you for replying. We!!!8217;ve gone through an estate agent, the actual landlord is an old man do you think we!!!8217;d be better speaking to him directly or should we go through the estate agent?

Speak to the landlord.

Pixie5740 · 7 February 2018 at 12:50PM

paddycharlie wrote: »

Have you spoken to the LL about it?

They may be willing to agree an ending the tenancy early with or without penalty fees. Or they may be willing to agree to end it early once a new tenant is found.

May be worth reminding your ex that he is jointly liable for the rent so if you can't pay the LL can come after him for the money as well either to get him to contribute or to agree to ending the tenancy if it is possible

I'm not sure the landlord can agree to an early surrender with just one of the joint tenants but don't quote me on that. I know that legally speaking joint tenants are a single legal entity but I wonder if the partner could claim that he had been illegally evicted, assuming he doesn't want to cooperate with an early surrender.

I think it's something the OP ought to check with Shelter.

jayII · 7 February 2018 at 12:50PM

If he's being physically abusive then you need to get yourself and your unborn baby to a safe situation, before one or both of you are seriously injured.

Your safety is much more important than the tenancy and all the other financial issues you're worrying about. They can be sorted in time, but you might need support to tackle the issue with your partner. Please don't try to confront him about it alone if there is a chance he will become violent towards you.

Comms69 · 7 February 2018 at 12:53PM

titchiban98 wrote: »

Hello, please help.
I am 13 weeks pregnant and 4 weeks ago me and my partner started renting a house together. We signed a 12 month tenancy agreement as joint tenants, since we’ve moved in my partner has been very abusive towards me emotionally and physically and it’s getting unbearable. - Have you sought help?
He keeps threatening on an almost daily basis that he’s going to move away to his parents (half way across the country) and not come back - I'm not sure that's a threat, rather a cry for help? I'm not sure. or pay any money towards the rent but I absolutely cannot afford to pay all the bills and rent on my own so obviously the thought of this is very distressing as I would be stuck paying the entirety of the rent aswell as all the bills whilst stuck in a house I don’t even want to be in anymore if he did do that and I simply don’t have the money. - Have you check what you'd be entitled to once the little one is born?
This is incredibly stressful for me and I just don’t know what to do, I can’t be left paying £500 rent on my own for the next 12 months whilst he’s off living the high life getting away with paying squat and then when the baby does come my financial situation will be a complete mess and I’ll be all on my own. - well that is a distinct possibility. You cannot force him to stay, you cannot force him to pay rent. You need to either sort out your finances or sort out your relationship. (or consider if a baby is the most appropriate decision at present)
I want to end the tenancy and move back to my parents until I can afford to live on my own but I don’t know how to go about this.
Please someone help, what can I do?

You cant force it. You can only ask to do so. Most LLs wouldn't agree so soon after it started.

tara747 · 7 February 2018 at 12:57PM

jayII wrote: »

If he's being physically abusive then you need to get yourself and your unborn baby to a safe situation, before one or both of you are seriously injured.

Your safety is much more important than the tenancy and all the other financial issues you're worrying about. They can be sorted in time, but you might need support to tackle the issue with your partner. Please don't try to confront him about it alone if there is a chance he will become violent towards you.

This! ..................

NeilCr · 7 February 2018 at 12:58PM

jayII wrote: »

If he's being physically abusive then you need to get yourself and your unborn baby to a safe situation, before one or both of you are seriously injured.

Your safety is much more important than the tenancy and all the other financial issues you're worrying about. They can be sorted in time, but you might need support to tackle the issue with your partner. Please don't try to confront him about it alone if there is a chance he will become violent towards you.

This. Absolutely this.

Contact the Police. And Womens Aid or your local DV support organisation.

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Domestic abuse - Need to end tenancy early?

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