Rent with joint tenant ex.

[GLR19832011]

So advice needed. My ex has left the property as we are a joint tenant should he still pay half to the rent ? Thoughts please I still have contact with him as we have 2 young children.

Normally you’re both liable for rent but if one leaves, the other is agreeing to keep paying the rent or will terminate the tenancy so neither pays and then find something themselves.

If you have children together and they live with you, he may need to pay maintenance but the amount depends whether you make a private arrangement or go through CSA. If it’s the latter, there is a calculator on their website but it isn’t a lot!

Check with your letting agent but I'm sure he's still liable for half the rent

He is still liable for the rent.

can he afford two lots of rent plus child maintenance?

Legally he should still pay half.

Morally why should he pay half the rent when he doesn’t live there. He’s going to have to rent somewhere else.

Has he informed the landlord he's left the property? He can remove his name from the tenancy and he'll then not be expected to pay. If it's tied in he may have to pay a waiver fee to be removed without giving the specified notification period (say 4wks). But he can't be expected to continue to pay for a property he isn't residing in long term. If it's a joint tenancy they'll expect the resident to foot the bill regardless if the other tenant has left as you're the person they have to 'chase', if the payments aren't met and he's done a flit. Personally I'd notify the landlord of the change in circumstances as soon as possible. Currently you have the have the non right to evict due to COVID on your side. But that's looking to get lifted soon.

@BluebellForest836

Legally he should still pay half.

Morally why should he pay half the rent when he doesn’t live there. He’s going to have to rent somewhere else.

Because he’s potentially going to put his children and OP at financial risk.

I'd check your tenancy agreement before believing he has to legally pay half. Most rental agreements state that both tenants are liable the full rent - if one refuses to pay the full rent has to be paid by the other. So as most PPs say.

If he doesn't pay, the landlord will expect OP to pay and evict if she doesn't. They won't chase him!

As far as I know he needs to take himself off the tenancy, OP can't do it. She could terminate the tenancy (again this depends on the contract) and start a new sole tenancy if the landlord agrees to one.

@Jkslays - so if he can’t afford to pay rent on a new place and pay rent on the OP place then he should just be homeless Instead . He’s not living there, it’s not a mortgage so why would he keep paying.
He should remove himself from the tenancy and the OP should pay the full amount as she is living there.
I’m guessing he’s going to need somewhere to live too so he has a place to take their child when he has him/her.

OP should claim housing benefit.

OP. This is a joint tenancy. You are both jointly and severally liable to pay the rent and in respect of other obligations of the tenancy agreement. This position does not change just because your ex has moved out.

A word of warning, if he (your ex) gives notice to the landlord then this ends the tenancy for all parties. This is the law. I would speak to your ex and your landlord to see if all parties are prepared to sign a Deed of Surrender to end the existing tenancy and then the landlord could grant you a new tenancy in your sole name.

england.shelter.org.uk/legal/security_of_tenure/joint_tenancies