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Ex refuses to leave

Started by Bcal1989, January 21, 2020, 06:19:26 PM

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Bcal1989

I am looking to move but currently have a joint tenancy agreement with my ex boyfriend who refuses to leave the property
I have informed the estate agents that I wish to end the tenancy, however he point blank refuses - so far he has not paid any of the rent since we have been there, and so I cannot rely on him to pay it on his own - also his credit rating is poor so cannot have the tenancy agreement in his name.
What can I do? I want to move out by the 9th Feb, but if he stays I am worried that this will all fall back on me and my credit rating will be knocked and also that I will have to continue paying.
Have been to citizens advice, and they couldn't help as it's a joint agreement.

Hippogriff

If one Tenant ends a tenancy, correctly, they end it for all Tenants.

Simon Pambin

Are you still on a fixed-term tenancy agreement or has it rolled over into a Statutory Periodic Tenancy? Either way, you're unlikely to be able to end the tenancy by the 9th of February - you'll generally need to give at least a month's notice.

You may find this helpful: https://england.shelter.org.uk/housing_advice/private_renting/relationship_breakdown_ending_a_joint_tenancy

Bcal1989

It is a one month rolling contract but the same terms as a fixed agreement.
The estate agents said that if the property is vacated by 9th Feb then all is fine, but if he is still there then rent and bills will carry on as normal.
I find it crazy that I could be stuck paying rent for a property that I won't be living in, as I know for sure he won't pay a penny.
On top of that, I will be paying for my new property that I will be moving in to.

Hippogriff

As stated...

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_joint_tenancy

Note - "If you need to leave a joint tenancy, make sure you discuss the situation with the other tenants. Your actions directly affect them." - and, for SPT - "You can serve a notice to end the tenancy. You don't need permission from the other tenants. When the notice ends, the tenancy and the right to live in the property will end for all tenants. Any tenants who want to stay on at the property need to try and arrange a new tenancy agreement with the landlord."

Make the Agent aware. If you have served notice correctly - for the date you specified - then just go. The tenancy is ended... the person who remains carries the can. This is not subjective opinion - it's the law.