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fairy1006
07-03-2010, 12:50 PM
I have recently split up with my partner. We signed a fixed term joint tenancy agreement in September 09 which is due to end in September 2010.

My ex went to stay with his mum for a week while he was 'deliberating' and is now in the process of moving out (I put all his stuff in the spare room so I didn't have to be around it and he is gradually collecting it). I'm pretty sure he expected me to move out and I've scuppered his plans by telling him I want to stay in the flat. He has a key and can come and go as he pleases. I would never attempt to stop him.

He has told me that he has friends who would like to move into the flat and that if I agreed to this he would not expect me to pay any rent/ bills. I said no as I don't want to move out of my home.

My concern is that he will now refuse to pay his half of the remaining 5 months rent, although he won't currently talk to me about it at all. I understand that as far as the landlord is concerned, I'm liable to pay the whole lot. I can afford to do this so I'm not worried about arrears, but it would substantially eat into the deposit for the house I intend to buy once this tenancy ends. If he did refuse, is there any way I could go about claiming the money from him? I have bank statements which show that each month he transferred half the rent into my account, from which the whole lot was paid by standing order.

As far as bills are concerned, I intend to suggest that he pays half of all "standing" charges (water and council tax), but I will pay all metered utilities seeing as it is only me using them. Does this seem fair and could I enforce this?

Your advice would be much appreciated.

westminster
07-03-2010, 14:11 PM
He has told me that he has friends who would like to move into the flat and that if I agreed to this he would not expect me to pay any rent/ bills. I said no as I don't want to move out of my home.
Aside from this, the tenancy agreement will almost certainly say that you cannot sublet. You would need the LL's consent and cooperation to install brand new tenants, and the 'friends' may not pass LL's credit/reference checks.


My concern is that he will now refuse to pay his half of the remaining 5 months rent... I understand that as far as the landlord is concerned, I'm liable to pay the whole lot. I can afford to do this so I'm not worried about arrears... If he did refuse, is there any way I could go about claiming the money from him? I have bank statements which show that each month he transferred half the rent into my account, from which the whole lot was paid by standing order.
As far as the landlord is concerned, you are both individually and jointly liable to pay the whole rent. Your BF's liability to LL does not end just because he moved out.

From your POV, if you have evidence (such as your bank statements) showing that you had an agreement with your BF for him to pay a portion of the rent, then you should have a case to claim against him in the county court. For a sum less than £5,000 it would be allocated to the small claims track, which is designed to be accessible to the litigant-in-person.


As far as bills are concerned, I intend to suggest that he pays half of all "standing" charges (water and council tax), but I will pay all metered utilities seeing as it is only me using them. Does this seem fair and could I enforce this?
Not sure about council tax - wouldn't you get a reduction for living there alone?

jeffrey
07-03-2010, 22:56 PM
Not sure about council tax - wouldn't you get a reduction for living there alone?
Yes. A sole occupant receives a 25% discount.