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7 replies

AlfieJMummy · 09/02/2022 01:42

can someone please help!

i’m 21 and have a 7 month old. My ex and I currently have a joint tenancy on a rented property.

We have lived here together since June, and we have decided to go our seperate ways. He has agreed to let me and our son stay here, and he will move back with his parents whilst also still contributing to rent/bills ect. (VERY fortunate, he’s a good dad)

I was on maternity leave and he was working when we were accepted for the apartment, i’m not returning to work and he is still working, I get universal credit and I am actively looking for a job. My question is, am I still allowed to stay in the apartment by myself? legally? it’s privately rented, but because his name is on the tenancy too is he allowed to move out and it just me be?

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TibetanTerrah · 09/02/2022 01:51

AFAIK, and someone will correct me if I'm wrong, he's 'allowed' to move out but still jointly liable for the rent. I know you say he's a good dad but don't be surprised if he stops paying at some point. The landlord will chase you both. Also he can move back in at any time, again be prepared for that. Now you've separated he may well decide he has a right to move back in as he's contributing to the rent and is on the tenancy. He's within his rights to do this.

AlfieJMummy · 09/02/2022 02:03

thank you for responding! @TibetanTerrah

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TibetanTerrah · 09/02/2022 03:08

Bump this in the morning as its quiet here this time of night Smile

AlfieJMummy · 09/02/2022 09:43

bump

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AlfieJMummy · 09/02/2022 12:10

@TibetanTerrah what about if he does stop paying the rent? I can afford it on my own and I have my parents to help if i need, but if he stops paying the rent and has no part in it, am i still able to stay here?

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TibetanTerrah · 09/02/2022 13:48

I guess so. He would be foolish to move out and leave his name on the tenancy imo because if you stopped paying the rent for any reason the landlord would pursue him too and potentially screw up his credit rating etc.

In principle though the landlord won't care its just you living there as long as he gets the rent. You just need to think through what will happen if ex 1) stops paying the rent, which you say you can cover, and 2) if he randomly gets fed up of living with his parents and decides to move back in, in which case you wouldn't be able to stop him.

AlfieJMummy · 09/02/2022 15:20

@TibetanTerrah thank you!

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