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Help regarding tenancy and rent payments

(13 Posts)
Kittyfrickle Sun 08-Nov-15 11:53:12

My ex partner walked out on me over 2 weeks ago leaving me to pay the whole £90 rent a week without working or claiming anything. My dad has been helping me out. We only moved in two months ago (council flat) and were just in a process of admitting our housing benefit application. I stopped working just before we moved in due to being pregnant, very ill and my job was not good for health and safety (high risk of slipping/falling on wet floors, strenuous activity, heavy lifting). I'm currently in the process to see if I can claim anything.

He is the main tenant on the contract as he's got a full time job. The only way to get him off the tenancy is to end the current one and start a new one where I am the main tenant. But you have to give 4 weeks notice. I've given this notice and instead of starting the tenancy again I'll be moving. I'll be in my new place before the tenancy is up. I'm just wondering if he legally still needs to pay his share of the rent. As if I won't be living here and neither will he, surely we are equally responsible for rent. Also the council tax bill has come through and not sure if he needs to pay it as they know I don't work so couldn't possibly pay it.

I've only been paying my share of rent whilst juggling feeding myself and having gas/electric as I don't want to use my dad's money too much. He has left me in a very difficult position here. Any advice?

Kittyfrickle Sun 08-Nov-15 11:55:17

+he still has keys and has been ignoring me so I've decided to move to a smaller cheaper location.

DontMindMe1 Sun 08-Nov-15 12:06:10

his name on the tenancy - he's responsible for the rent.

specialsubject Sun 08-Nov-15 14:46:44

yes, funnily enough you can't just walk away and expect not to pay. Contact the council, tell them what is happening and leave them to chase him.

and get on to the CSA or whatever they are now too.

LoopyLily Sun 08-Nov-15 14:50:35

Is your name on the tenancy?

Kittyfrickle Sun 08-Nov-15 15:26:32

Yes but I am the joint tenant. If he is removed from the tenancy then the tenancy ends, if I am removed the tenancy continues as normal. Surely that says something especially when it comes to paying bills. How I see it is if you rent a property and you go on a long holiday/go to stay with a friend then you still need to pay rent whether you're in the property or not, so surely the same applies to him. No idea where he's gone and he is adamament on keeping a set of keys for some unknown reason

Kittyfrickle Sun 08-Nov-15 15:27:18

I've been paying half the rent and gas as that's all I can afford so surely the debt is his?

Fuckitfay Sun 08-Nov-15 16:20:25

It's probably a jointly and severally liable contract (check the tenancy agreement for those words) which means you are both responsible for ensuring the whole rent gets paid - in other words the landlord can sue either of you regardless of who is living in the house or you having paid half already. Will affect both of your credit ratings if landlord does sue.

AnchorDownDeepBreath Sun 08-Nov-15 16:28:29

It will be joint and severable liability, which means you both owe all of the debt. They will try to recover it from you both. It doesn't matter who lives in the house or if you've paid half already or even if he agreed to pay and then didn't, you are legally both liable.

That said, he should pay half as you're both named on the agreement and he chose to move out.

If he doesn't, your only real recourse is to pay yourself and then take him to small claims for his portion, but that'd be easier if you could prove he'd agreed to pay half.

If you ignore it, the landlord could affect your credit going forward.

LIZS Sun 08-Nov-15 16:31:08

Suspect you are liable for the full amount if you were both named on the agreement, even if he has not contributed. Likewise any bills. Did you claim single adult council tax reduction when he moved out? How do you plan to fund the overlap and next deposit/rent in advance?

AnchorDownDeepBreath Sun 08-Nov-15 16:31:13

As for the other bills - the utilities like gas and water will chase whoever has set up an account with them, unless it's in both your names, and then they'll chase you both again.

Council tax is owed by you both. The council will pursue payment of this.

Whoever pays for the TV license can probably transfer it to their new property.

Stripyhoglets Sun 08-Nov-15 16:40:49

You are both responsible for all the rent. They can go after both of you for all of it but if you tell them where he is and he's working then they will hopefully go after him.

wowfudge Sun 08-Nov-15 19:01:30

I would go and see a housing officer and explain the situation. Also as you are there on your own you need to notify their council tax department to amend the bill and get single occupant discount.

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