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I've moved out of flat, still 4 months on joint tenancy

24

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  • travid
    travid Posts: 12 Forumite
    Comms69 wrote: »
    Not if he decides to stay after that; the tenancy continues.

    I would recommend your daughter does NOT give notice; if he refuses to leave the LL can charge double rent- indefinitely

    Landlord has already been informed daughter no longer at flat, due to relationship broking down and the fact both moved out...at first! We met him there so he could see flat was as it was when he rented it to them. He has sent me an email today to confirm he is happy with the condition of the flat and that the ex bf is now responsible for any damage until the end of the tenancy in June.
  • Slithery
    Slithery Posts: 6,046
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    Have your daughter, her ex and the landlord all signed a 'Deed of Variation' to the tenancy to this effect?

    If not your daughter is still jointly liable for all rent until the ex decides to leave - in however many years time...
  • Comms69
    Comms69 Posts: 14,229
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    travid wrote: »
    Landlord has already been informed daughter no longer at flat, due to relationship broking down and the fact both moved out...at first! We met him there so he could see flat was as it was when he rented it to them. He has sent me an email today to confirm he is happy with the condition of the flat and that the ex bf is now responsible for any damage until the end of the tenancy in June.

    That is no legally the case; sorry.

    The BF has to agree with this. You cannot, nor can the landlord, unilaterally change a legal contract
  • travid
    travid Posts: 12 Forumite
    Comms69 wrote: »
    That is no legally the case; sorry.

    The BF has to agree with this. You cannot, nor can the landlord, unilaterally change a legal contract

    The landlord told us that he would tell him too (and I think email him too, as he did us), when he met with him on Sunday, when ex BF moved back into the flat, and his Mum has said in messages that he would be held responsible.

    The money owed for the car is £500. Daughter has no record of him agreeing to pay back, just word of mouth and cash withdrawals on her statement from the day the car was bought. My husband had gone with them to view the car and drove her to the cash point, so he is a witness. Would we need to go to through small claims?

    I cancelled his insurance as I don't want my premiums going up if he has an accident in the next few months. He's a bit of a boy racer. Yes, I know I'm being petty about it. I will get the refund and should give it to him. I really don't want to as he owes us and my daughter money (which I know we will more than likely not see again). His mum said she may take matters further if we don't repay him!!! CAB said I shouldn't give it to him as one counteracts the other. Thoughts?
  • Comms69
    Comms69 Posts: 14,229
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    travid wrote: »
    The landlord told us that he would tell him too (and I think email him too, as he did us), when he met with him on Sunday, when ex BF moved back into the flat, and his Mum has said in messages that he would be held responsible. - I don't care if the local MP popped over to tell him. UNLESS HE AGREES, no change can be made.

    The money owed for the car is £500. Daughter has no record of him agreeing to pay back, just word of mouth and cash withdrawals on her statement from the day the car was bought. - fine, should be enough evidence for a tangible asset which she has no interest in (unlike the holiday they went on together) My husband had gone with them to view the car and drove her to the cash point, so he is a witness. Would we need to go to through small claims? - if he refuses to pay, yes. It's very simple and straight forward.

    I cancelled his insurance as I don't want my premiums going up if he has an accident in the next few months. He's a bit of a boy racer. Yes, I know I'm being petty about it. I will get the refund and should give it to him. - I'd be concerned if you cancel his insurance and he doesn't know, you're putting him in a very awkward position. I really don't want to as he owes us and my daughter money (which I know we will more than likely not see again). His mum said she may take matters further if we don't repay him!!! CAB said I shouldn't give it to him as one counteracts the other. Thoughts?



    Yes it's fine. Don't repay him at this stage.
  • travid
    travid Posts: 12 Forumite
    Comms69 wrote: »
    Yes it's fine. Don't repay him at this stage.

    Yes he is aware and that he's got 7 days notice.
  • Comms69
    Comms69 Posts: 14,229
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    travid wrote: »
    Yes he is aware and that he's got 7 days notice.

    Still think it’s dubious what you did; but up to you.

    There’s no mention of any violence / abuse. Just two people splitting up; yet toubtreat him like a criminal.
  • CarrieVS
    CarrieVS Posts: 205
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    edited 14 February 2019 at 10:35PM
    I don't understand the several people who have said it's impossible or illegal for the landlord to hold the boyfriend solely responsible for damage. I understood it to be a joint tenancy where the two tenants are jointly and severally liable?

    I'm expecting to be corrected - there's probably something I'm missing - but is it not up to the landlord which of the tenants he takes the money from?

    I don't imagine that OP and her daughter would stand any chance of enforcing the informal agreement with the landlord to hold the person still living in the property responsible, if he decided to go back on it, but I'm not clear on why the landlord can't choose to do it.
  • macman
    macman Posts: 53,035
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    OP, you are naive in the extreme if you think that the LL will not come after your daughter for any arrears or damages, should her ex be unable or unwilling to pay. This is regardless of any verbal assurances he might have given.
    No free lunch, and no free laptop ;)
  • travid
    travid Posts: 12 Forumite
    Well, the last week of their relationship, she didn't see much of him as he was going out with old friends. We found out he kissed a girl on one of those nights. He cheated on her in the summer too and she stupidly got back with him. That week he threw a hoover at her legs because she called him selfish (he didn't do anything like cooking or cleaning in the flat) and called her a c*** daily. He had thrown a tv remote at her before when he was in a foul mood. He always wound her up so she would react. I said many times to her the relationship was in my opinion toxic, but sometimes people have to learn the hard way.
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