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Name on rental lease and ExH has racked up arrears

2 replies

user263758989 · 29/12/2024 09:22

I need some help before I seek further advice.

I moved out (and abroad), with my two DC from private rented home and left soon to be ExH there. We are in process of divorce but not finalised until March.

Since I left 18 months ago, ExH has fallen in to significant arrears with the landlord and is facing a CCJ.

I asked him to tell the landlord/management company to take my name off the list so I am not liable for the CCJ but they are refusing.

FWIW, I don't receive a penny from ExH towards the children - I pay for everything, but I don't have the money to stump up several thousands of ££ for his rent arrears.

I also no longer live in the UK and have taken myself off the electoral role some time ago.

Where do I stand legally ?

OP posts:
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user263758989 · 29/12/2024 11:29

Ok, thank you!

OP posts:
Boomboomboomboom · 29/12/2024 09:33

Assuming you lived in England if it's a joint tenancy you remain jointly liable for the debt as you will still be the joint tenant.

You should have sought legal advice. You might have been able to terminate the tenancy unilaterally (without exs consent) if it had rolled into a periodic tenancy but not likely during and fixed term.

You could still do this now - write to the landlord and explain you've not lived there for 18 months and try to serve a notice to quit to end the tenancy- if a valid notice your ex will have to move out but the court process would be easier for the landlord.