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Legal action against former partner - help!

41 replies

DontKnowAnymore123 · 07/10/2024 16:28

Hi all,

I’m the guy here.

Rented a property with my Ex - GF in March 2024. Relationship ended 5 weeks later. I had left the property.

We were in a 12 month tenancy agreement due to expire in March 2025. I continued to pay half the rent (as my exgf was not able to work due to health issues) just for the simple fact that I was named on the tenancy so still had my legal obligations.

Cut long story short, we surrendered the tenancy last week and the landlord advised me that I could look to reclaim the costs of what I paid towards the rent from the courts. Can anyone signpost me or give advice? We’re talking over £2k here in contributions.

thanks all.

OP posts:
Elektra1 · 08/10/2024 12:53

This is a stupid post for a the following reasons:

  1. If your name was on the tenancy agreement then you were liable to pay the rent. You do not have a claim back against your ex simply because you chose to move out during the tenancy term. This is why people often end up stuck living together after they break up.
  1. Even if you did have a claim (which you don't), your ex has no money to pay a judgment debt. You say "her family will have to pay", but no, they won't. IF you succeeded in a claim against her (you won't), SHE would be the judgment debtor. Family members cannot be made liable for their relative's debt.
seedsandseeds · 08/10/2024 13:00

You're liable for 100% of the rent. I don't understand why the landlord would make such a comment. The whole thing is bizarre.

femfemlicious · 08/10/2024 13:00

DontKnowAnymore123 · 07/10/2024 16:34

Not my problem. Her family will have to pay…

It's not worth the aggro. How much would it cost to file. You cannot guarantee that her family will pay. There's no guarantee you will win. Did you have any agreement with her re paying you back?

Lurkingandlearning · 08/10/2024 13:07

Is the landlord a lawyer? If not take what he says with a pinch of salt. And maybe stand by what you agreed to do. You knew the £ involved when you made that commitment.

FKAT · 08/10/2024 13:11

On what grounds are you suing? You signed a contract saying you would pay your share of the rent. You paid your share. You were lucky enough to be let off the hook 6 months early.

How have you worked out that someone else is liable to pay your own rent for you? I don't get it?

JustWalkingTheDogs · 08/10/2024 13:11

Her family won't have to pay!

If a court did rule in her favour, although it fairly sure they wouldn't as you're legally bound to pay for the term of the contract, she'll only be instructed to pay what she can afford, and if she's not working that might only be £1 a week.

Hoppinggreen · 08/10/2024 13:13

Lurkingandlearning · 08/10/2024 13:07

Is the landlord a lawyer? If not take what he says with a pinch of salt. And maybe stand by what you agreed to do. You knew the £ involved when you made that commitment.

Most landlords don't even know much about Property Law let alone any other kind of Law

FKAT · 08/10/2024 13:16

Anyway OP, why not appoint Jolyon Maugham KC to represent you? He has just as much expertise in property law as your landlord and a brilliant track record of successfully suing randoms.

(Do you have any idea how little £2k is in the context of legal action by the way?)

ARichtGoodDram · 08/10/2024 13:19

Your landlord is talking bollocks.

You were on the tenancy so you paid what you owed.

Be grateful you didn't have to pay it all and an early surrender has been negotiated.

Hoppinggreen · 08/10/2024 13:21

FKAT · 08/10/2024 13:16

Anyway OP, why not appoint Jolyon Maugham KC to represent you? He has just as much expertise in property law as your landlord and a brilliant track record of successfully suing randoms.

(Do you have any idea how little £2k is in the context of legal action by the way?)

I believe JoJo is also "The Guy" so he may be happy to advise

ATastingMenuButItsAllCrisps · 08/10/2024 13:31

In July you posted about owning a £600,000 house.

mouse70 · 08/10/2024 13:43

Did someone in her family act as guarantor ? That is the only way anyone else could possibly be involved

YouveGotAFastCar · 08/10/2024 13:48

Keeping this strictly legal...

Unless she's under 18, her family would have no obligation to pay you. If she's got no income, she's got nothing to pay you, even if you win.

But on what grounds would you be suing her? You were a joint tenant, so you were liable jointly and severally for the rent - that means both of you were liable for 100% of the debt. You have no grounds to sue her over it, from what you've said.

GuestFeatu · 08/10/2024 13:49

I think your landlord is chatting shit and I have no idea why you'd think you are morally entitled to the rent you committed to pay.

JustWalkingTheDogs · 08/10/2024 13:50

mouse70 · 08/10/2024 13:43

Did someone in her family act as guarantor ? That is the only way anyone else could possibly be involved

A guarantor is for the letting agent to ensure that if the rent isn't paid someone else is legal bound to pay. They won't care, it's been paid

speedmop · 08/10/2024 14:50

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