Husband won't move out but won't pay rent??

[lulublu1981]

Hi everyone
I am after a bit of advice really as I do not know who to turn to.
My husband and I have recently split, I have moved out to my mums for a few days and he us in the rented house. We are both on tenancy agreement. He works full time and the rent usually comes out of our joint account. He is now refusing to pay any more rent. And rent is due Friday. I'm beside myself with worry. I only work 6 hours a week in a school although have job interview thurs for more hours.
He is being really horrible and doesn't want house but will not leave until he can afford it. I want to stay in the house and I have a great relationship with our landlady and I am feeling really embarrassed at the thought of her getting no rent this month.
I know I can apply for jobseekwrs and housing benefit but how can I if he is still in the property.
Any advice would be appreciated cx

This is not between you and him but between him and the landlady.

Please contact her and explain that you have had to vacate the property due to unforseen circumstances, and please can she now consider you now two seperate tenants. I take it you can't afford to pay your 50% of the rent and won't be able to going forward? Then sorry but you may have to lose your place. You can't expect her to keep her house open for you indefinately whilst she gets no rent.

She may need her security deposit back from you to cover her mortgage. She may need to put a tenant in your place.

As for your husband, he is now a seperate tenant. So she must persue him for his 50%. She must contact him directly - if she doesn't have his mobile then please pass it along.

But squabbling between yourselves over the rent whilst this poor landlady remains out of pocket is absolutely not on. It is her house and she must decide what she needs to do. If she needs to give your husband notice in order to get two new paying tenants in by next month, then you must give her the opportunity to do so. It is her house, not yours.

But I'm confused - if its a joint account, how come you can't pay your 50% out of it? Is there no money in it?

Very true I'm just hanging on to see I he will pay in the Friday as he does nothing but threaten. I am going to see cab and see what they can do . I am worried sick about her not getting g her money trust me . And Its my children's home also so it's even double crap. It's inly happened this weekend so I'm hoping it's just threats. :-(((

Yes there is money in it his wages go in on the Friday but he has told me not to touch it

"told you not to touch it"

Surely as joint account then it should cover joint expenses assuming you are paying into it as usual? If he's not allowing you access I suggest you stop paying into it quick before he spends your money- and TBH I'd be spending his money on the rent anyway!

I think short-term, you need to talk to the landlady and explain that you've split up. If he doesn't pay the rent she'll have to pursue both of you for arrears and, if necessary, evict you for non-payment. Does he actually want that to happen or is he holding this over you as some kind of threat - a bargaining chip?

Also short-term, you need to separate your finances properly. Joint account, utility bills etc. You're named on the tenancy agreement which makes you jointly liable - are you also named on any other liabilities HP agreements, loans, accounts, credit cards?

I would go to the CAB... I am afraid if you have signed a lease you are joint tenants. I left my Ex and the letting agent refused to take me off the lease.

is there not money in the joint account?

I always make sure bills are paid etc he s took my bank card at the minutes but luckily I do have online banking so I can control what happens if need be. I suggested to my parents that I may just pay it out of account on Friday anyway but scared of the issues this may lead to . But all I cate about is rent getting paid I can speak to her after that and sort out housing benefit just need him to leave

if its a joint account can you not check if he's cancelled the standing order? He'd be incredibly silly to not pay the rent as that will affect him being able to get another property without a reference.

Can he not move out with his parents and you take the tenancy on in your name only and begin a claim for housing benefit today, so that hopefully the payments are through in time for next month?

I split with my h (we did eventually get back together) and I was expecting to not be able to pay the rent as was working part time, but my housing benefit claim actually went through quickly and was paid in time for the next due rent.

If you can not move back in, I suggest you pre-empt any moves by your h and let the landlady know that you have moved out, but want to move back in. Don't mention that he has threatened to withhold rent, deal with that once/if it happens.

If you pay the rent by bill payment online, then id go on at whatever time of the morning you can and pay it. Whatever happens with your relationship the rent still needs paying.

Yes it's not a standing order its payed on the day by funds transfer . He just seems to tho k he can phone her and demand it back and his bond . Which won't happen . He s doing it all to hurt me. Claim is going in and I will call both landlady and council about him not leaving .

I think I would advise the landlady that the marriage has broken down and your husband is threatening to withhold the rent. You are unable to pay it yourself.

She will need to start proceedings for non-payment but this is a time-consuming process and it will be some time before she can evict you both.

In the meantime I would talk to CAB about what your options are. I think you probably need to accept that ultimately you won't be able to stay in this house, because your husband is determined to punish you financially. The important thing is to be as open as possible with your landlady - but remember you are in a business, not a personal relationship with her. Non-payment of rent is one of the risks you take as a landlord.

The landlady advice posted above is wrong I'm afraid. (Taking the assumption you both signed the tenancy agreement as a single entity i.e. as a couple)

There is nothing as a 50% share in a property, if you were both named on one AST in the beginning. (The only way this would be applicable is if you had separate tenancies for individual rooms etc, similar to some student properties) You are both equally and fully liable for 100% of the rent, and the landlady can pursue either of you for the arrears.

She won't be able to take you off the tenancy, without written consent of your husband. Nor will you be able to end the tenancy without both parties consenting.

The best you can do - speak with her, explain the situation and try and come to an agreement with her. She can try and evict using an S21 notice, which is by all accounts a 'no reason required' notice. This is assuming you have come to the end of your fixed term, and are now on a month by month rolling contract.

Sorry!

You need to pay it now. Pay it in advance so that he doesn't get a chance to empty the account. I'd also take out half of the remainder. It is jointly your money and the rent is your joint responsibility.

You sound scared. But you need to pay her now. If you don't take the money, he will. Have you also got or photocopied all your important documents? You will need these.

Please be fair to the landlady. Hopefully if you've been a good tenant, she will work with you not against you. But you need to keep her in the loop or there is no chance she will be sympathetic.

I misread that as your h gets paid Friday and then pays the rent the same day. I think I would pay it today as well, a) to make sure its paid and b) while you still have access to the account. If hes being vindictive about money he may change the password on the account, unless you have separate log ins?

pay the rent and then ring her and let her know that you want to move back to the property as sole tenant. Let her know he has threatened to withhold rent but you have paid early.

You are both liable for 100% of the rent, not 50% each. So if you don't pay, the LL can chase both of you.

This will be the case until any fixed tenancy period has passed but be sure to end it so that it doesn't continue on a rolling basis.

You could appeal to the LL and ask to end the tenancy early but a LL had no obligation to do so. Likewise a LL has no obligation to agree to a new tenancy with just one of the current tenants as ability to pay will have been reduced with less people to chase for money.

I would definitely speak to the LL now so they are aware there could be a problem. LLs are more sympathetic to those who give notice of payment problems.

You should also contact the council regarding housing benefit.

When one of my tenants found herself in the same situation I was able to shuffle money and knew that she'd be entitled to HB so there was no need to chase until the usual processing time for HB had passed. That's good for both your sanitys!

If your partner gives notice, you'll both need to wait for the deposite to be processed through deposit scheme after the inventory done before you see any of it.

I think you should freeze the joint a/c; move your funds and whatever else to a new a/c in your name only. Report your bank card as being in another's possession. Inconvenient I know but he is clearly going to be an arse and land you in a load of shit that you really need to try and avoid. I'm sorry for your troubles.

Also, if it's a joint account, just ask for a card to be re-issued - it'll only take a couple of days so you could probably have it for Friday.

Haven't had time to read whole thread BUT is there a chance he's calling your bluff?

My ex has said a thousand times "I won't pay a penny more", "I won't pay the mortgage" etc etc. I sweat, worry, stress and at the 11th hour he always does.

Could this be what your twunt/ex is doing?

Pay it now, transfer half of the money in the account after you've paid the rent into a new personal account that only you have access to so he can't leave you penniless! Speak to the landlady, put in housing and other benefits claims as a single parent, and go see a solicitor to get rid of him and know where you stand legally. Be strong, sort it as quickly as you can so you can start your new life with your kids in a home that you're safe and happy in x

Thank you everyone for your advice , he s still being a complete area plus just told me that he is getting wages paid in hand this week instead of bank. I really don't know if he is bluffing or not. I am going to stay awake to twelve to make sure I put tax credits straight into savings . I'm hoping and praying he will give me some money , I have manages to pay half and trying to get loan got the rest . He says he will be out by Tuesday and I hope this is true but I also have a. Feeling he will empty the home also.

If he does clear out the furniture as well you can either let it go and refurnish look at the free cycle groups and any local Facebook groups. I've seen three suitesof sofa/chairs offered this week as well as dining sets single beds and chests of drawers on our local groups.

Or you can put a small claims in for half the cost.

Let's assume he's just going to be an arse then it won't be a disappointment when he is

Would be nice if he's gone by Tuesday though - maybe sooner if he pulls his finger out?

There are fixes to most things and whatever he does, you will sort it out after. When you say a loan - you aren't going to one of those pay day companies are you?