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Need to get out of a joint tenancy!

2 replies

RBush22 · 13/12/2024 21:28

I am a joint tenant with my exP and our fixed term for the tenancy doesn't end till June 2026. I am leaving with my 2 children in January and cannot afford to continue paying rent for the property.

I have started the 'change of occupancy' process to remove myself from the lease but my exP is refusing to do it as he knows he won't pass their affordability checks to be the sole tenant.

He wants to be as difficult as possible to keep me in this lease as a way to control me. Plus he can't be bothered to find a new rental so he is happy to stay in this nice house while I pay half.

How do I get myself out? Can I just serve notice?

OP posts:
CoffeeCup14 · 14/12/2024 14:20

It depends on what your tenancy agreement says. I think there is often an initial period (commonly six months) during which you can't give notice. Then after that you are able to give the relevant notice. Usually in a joint tenancy either party can give notice and it ends the tenancy for both of them.

You would both still be liable for the rent and for any damage/repairs.

RBush22 · 14/12/2024 21:52

CoffeeCup14 · 14/12/2024 14:20

It depends on what your tenancy agreement says. I think there is often an initial period (commonly six months) during which you can't give notice. Then after that you are able to give the relevant notice. Usually in a joint tenancy either party can give notice and it ends the tenancy for both of them.

You would both still be liable for the rent and for any damage/repairs.

There is no break clause, but my exP is not cooperating with the process as he wants me to continue paying while he stays there. I cannot afford the high monthly payments with 2 kids in alternative accommodation. Can I just not pay?

OP posts:
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