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Original poster

Rent

4 replies

Sally6446 · 17/02/2015 13:17

Hi my husband and I have seperated but he is still choosing to live in the same house. We have a daughter , he works I do not. Both names are on the tenancy agreement but he is refusing to pay the rent. He says he can not pay rent for 3 months and legally live in our home. However that causes a problem for me and my daughter, while he is saving for a flat we are living in a house and can not afford to pay the rent and can not get housing benifit as we still live together and he is too liable for rent. But is refusing to pay and refusing to leave. What do I do please help x

OP posts:

CogitoErgoSometimes · 17/02/2015 16:26

If he doesn't pay the rent and you're named on the tenancy agreement you'll be liable. You can potentially claim Housing Benefit if you can prove that you are not living as a couple. In the meantime, suggest you talk to your landlord/HA so that they don't come after you for the money. Have you had legal advice?

hypnoteq · 03/03/2015 17:23

You are both what is known in law, as jointly and severely responsible for payment of your rent. This means that you are mutually liable for the whole of the rent, and not that you each have to pay half. So if one party to the tenancy doesn't pay, the other party can't say, well here's my half, the rest is up to them. Dependant upon what form of tenure you have, you may be in immediate default of your tenancy terms and conditions, and at threat of legal action. It is important that you talk to your landlord formally, so that they are aware of the situation, and so that they can advise your husband of his legal obligations.

specialsubject · 04/03/2015 16:08

assuming this is the UK he is of course talking nonsense. There is no free housing, but the landlord has to go through all the right procedures to evict him and you. You will be taken to court for all the costs. You will find it very difficult to rent after that.

and you are fully eligible for all this too. So you need to contact the landlord AND the council (and possibly Shelter too) for advice to get out of this situation.

do it tonight or tomorrow, the bills are only going to get bigger.

BTW if this results in your landlord not being able to pay the mortgage the eviction might be sooner.

expatinscotland · 04/03/2015 16:12

Get over to the council's homelessness office tomorrow.

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