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  • FIRST POST
    • titchiban98
    • By titchiban98 7th Feb 18, 11:31 AM
    • 8Posts
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    titchiban98
    Domestic abuse - Need to end tenancy early?
    • #1
    • 7th Feb 18, 11:31 AM
    Domestic abuse - Need to end tenancy early? 7th Feb 18 at 11:31 AM
    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 weíve moved in my partner has been very abusive towards me emotionally and physically and itís getting unbearable.
    He keeps threatening on an almost daily basis that heís 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 donít even want to be in anymore if he did do that and I simply donít have the money.
    This is incredibly stressful for me and I just donít know what to do, I canít be left paying £500 rent on my own for the next 12 months whilst heís 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 Iíll 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 donít know how to go about this.
    Please someone help, what can I do?
Page 1
    • G_M
    • By G_M 7th Feb 18, 11:39 AM
    • 43,804 Posts
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    G_M
    • #2
    • 7th Feb 18, 11:39 AM
    • #2
    • 7th Feb 18, 11:39 AM
    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
    • By paddycharlie 7th Feb 18, 11:40 AM
    • 76 Posts
    • 93 Thanks
    paddycharlie
    • #3
    • 7th Feb 18, 11:40 AM
    • #3
    • 7th Feb 18, 11:40 AM
    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
    • By titchiban98 7th Feb 18, 11:41 AM
    • 8 Posts
    • 7 Thanks
    titchiban98
    • #4
    • 7th Feb 18, 11:41 AM
    • #4
    • 7th Feb 18, 11:41 AM
    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
    • By Pixie5740 7th Feb 18, 11:46 AM
    • 11,928 Posts
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    Pixie5740
    • #5
    • 7th Feb 18, 11:46 AM
    • #5
    • 7th Feb 18, 11:46 AM
    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 weíve moved in my partner has been very abusive towards me emotionally and physically and itís getting unbearable.
    He keeps threatening on an almost daily basis that heís 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 donít even want to be in anymore if he did do that and I simply donít have the money.
    This is incredibly stressful for me and I just donít know what to do, I canít be left paying £500 rent on my own for the next 12 months whilst heís 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 Iíll 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 donít know how to go about this.
    Please someone help, what can I do?
    Originally posted by titchiban98
    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
    • By G_M 7th Feb 18, 11:47 AM
    • 43,804 Posts
    • 51,777 Thanks
    G_M
    • #6
    • 7th Feb 18, 11:47 AM
    • #6
    • 7th Feb 18, 11:47 AM
    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?
    Originally posted by titchiban98
    Speak to the landlord.
    • Pixie5740
    • By Pixie5740 7th Feb 18, 11:50 AM
    • 11,928 Posts
    • 16,795 Thanks
    Pixie5740
    • #7
    • 7th Feb 18, 11:50 AM
    • #7
    • 7th Feb 18, 11:50 AM
    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
    Originally posted by paddycharlie
    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
    • By jayII 7th Feb 18, 11:50 AM
    • 38,156 Posts
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    jayII
    • #8
    • 7th Feb 18, 11:50 AM
    • #8
    • 7th Feb 18, 11:50 AM
    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.
    Fighting the biggest battle of my life. Started 30th January 2018.
    • Comms69
    • By Comms69 7th Feb 18, 11:53 AM
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    Comms69
    • #9
    • 7th Feb 18, 11:53 AM
    • #9
    • 7th Feb 18, 11:53 AM
    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 weíve moved in my partner has been very abusive towards me emotionally and physically and itís getting unbearable. - Have you sought help?
    He keeps threatening on an almost daily basis that heís 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 donít even want to be in anymore if he did do that and I simply donít 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 donít know what to do, I canít be left paying £500 rent on my own for the next 12 months whilst heís 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 Iíll 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 donít know how to go about this.
    Please someone help, what can I do?
    Originally posted by titchiban98
    You cant force it. You can only ask to do so. Most LLs wouldn't agree so soon after it started.
    • tara747
    • By tara747 7th Feb 18, 11:57 AM
    • 10,145 Posts
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    tara747
    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.
    Originally posted by jayII
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    • NeilCr
    • By NeilCr 7th Feb 18, 11:58 AM
    • 1,543 Posts
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    NeilCr
    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.
    Originally posted by jayII
    This. Absolutely this.

    Contact the Police. And Womens Aid or your local DV support organisation.
    • Comms69
    • By Comms69 7th Feb 18, 12:05 PM
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    Comms69
    This! ..................
    Originally posted by tara747
    This. Absolutely this.

    Contact the Police. And Womens Aid or your local DV support organisation.
    Originally posted by NeilCr


    I agree, except the OP didn't say: he pushed me, he grabbed me, he this or that. Which are what would certainly spring to mind,


    She said: He keeps threatening on an almost daily basis that heís going to move away to his parents (half way across the country) and not come back


    So whilst I agree contacting women's aid and shelter are good ideas and should be done. The police may not be the most appropriate response at this time. If the OP keeps the child, she will have some form of relationship with the father. I'd suggest safety first, police second (unless health is in immediate danger)
    • NeilCr
    • By NeilCr 7th Feb 18, 12:09 PM
    • 1,543 Posts
    • 2,033 Thanks
    NeilCr
    Hello, please help.
    since weíve moved in my partner has been very abusive towards me emotionally and physically and itís getting unbearable.
    Originally posted by titchiban98
    From the OP.

    I think the police are very much the place to go -as opposed to the landlord
    • jayII
    • By jayII 7th Feb 18, 12:11 PM
    • 38,156 Posts
    • 107,074 Thanks
    jayII
    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 weíve moved in my partner has been very abusive towards me emotionally and physically and itís getting unbearable.
    Originally posted by titchiban98
    I agree, except the OP didn't say: he pushed me, he grabbed me, he this or that. Which are what would certainly spring to mind,


    She said: He keeps threatening on an almost daily basis that heís going to move away to his parents (half way across the country) and not come back


    So whilst I agree contacting women's aid and shelter are good ideas and should be done. The police may not be the most appropriate response at this time. If the OP keeps the child, she will have some form of relationship with the father. I'd suggest safety first, police second (unless health is in immediate danger)
    Originally posted by Comms69
    She said he has been physically abusive. That is very concerning, particularly when she is pregnant as this makes her even more vulnerable to physical injury.
    Fighting the biggest battle of my life. Started 30th January 2018.
    • G_M
    • By G_M 7th Feb 18, 12:13 PM
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    • 51,777 Thanks
    G_M
    I'm not sure the landlord can agree to an early surrender with just one of the joint tenants
    you are right. Both/all tennts must agree.
    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.
    Yes, he could.

    I think it's something the OP ought to check with Shelter.
    Originally posted by Pixie5740
    In a fixed term, agreeing an early Surrender requires consent by all parties involved.

    In a periodic tenancy, notice served by one joint tenant, binds all joint tenants.
    • Comms69
    • By Comms69 7th Feb 18, 1:16 PM
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    Comms69
    From the OP.

    I think the police are very much the place to go -as opposed to the landlord
    Originally posted by NeilCr
    She said he has been physically abusive. That is very concerning, particularly when she is pregnant as this makes her even more vulnerable to physical injury.
    Originally posted by jayII


    The police can only prevent immediate violence, or prosecute previous violence. They aren't social services or DWP.


    Yes the OP said there was physical abuse and yes that should be punished. But that can happen afterwards.


    The reality is, if she calls the police, he'll most likely be arrested and bailed to not live there. Which is what the OP wants to avoid at the minute


    (being 13 weeks pregnant is in reality not very different to not being at all pregnant, in terms of physical capacity)
    • NeilCr
    • By NeilCr 7th Feb 18, 1:41 PM
    • 1,543 Posts
    • 2,033 Thanks
    NeilCr


    The reality is, if she calls the police, he'll most likely be arrested and bailed to not live there. Which is what the OP wants to avoid at the minute.)
    Originally posted by Comms69
    Actually, I would have thought what the OP wants to avoid at the minute is the continuation of the abuse which she said is getting unbearable.

    If she does not call the police (and I still think she should) she needs to find a place of safety, immediately.
    • Comms69
    • By Comms69 7th Feb 18, 1:49 PM
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    Comms69
    Actually, I would have thought what the OP wants to avoid at the minute is the continuation of the abuse which she said is getting unbearable.

    If she does not call the police (and I still think she should) she needs to find a place of safety, immediately.
    Originally posted by NeilCr
    I agree, but she said he kept threatening to leave- suggesting itís not what she wants.

    I suppose weíll know when OP returns.

    The police donít stop abuse. They put it on a time out.
    • NeilCr
    • By NeilCr 7th Feb 18, 2:03 PM
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    NeilCr
    They put it on a time out.
    Originally posted by Comms69
    Which is rather a good starting point.
    • l0islane
    • By l0islane 7th Feb 18, 2:05 PM
    • 13 Posts
    • 25 Thanks
    l0islane
    Coercive control is a crime, there doesn't have to have been physical violence for the police to become involved. That being said the response of police to domestic abuse varies considerably and I would not rely on them solely to ensure your safety. Please contact the Women's Aid helpline they will talk through the details of your situation and help you form a safety plan. Abuse often escalates during pregnancy and immediately before and after attempts to leave so this is a particularly dangerous time. There are other housing options - a refuge is one option. In some situations of domestic abuse the law allows you to claim housing benefit on two properties for a temporary period in order to sort out these kinds of difficulties.

    The Rights of Women website offers good fact-sheets about housing and domestic abuse (I can't post links):

    rightsofwomen.org.uk/wp-content/uploads/2014/10/guide-to-domestic-violence-housing-and-homelessness.pdf[/url]

    I work in the DV sector, please contact the Women's Aid helpline, they will listen to you, believe you, discuss your options and help you form a plan.

    0808 2000 247
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