Girlfriend on joint tenancy doesn't want to move out

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    Girlfriend on joint tenancy doesn't want to move out

    Hi there,

    My girlfriend and I have been renting a flat for 9 months when we decided to split up.

    During the first 5 months I've been paying solely the rent as she did not have a job. Then she got one and she was supposed to pay half of the rent. But so far she did not (she sorted out her debts).

    Anyway now we are splitting up and she refuses to leave and does not want to pay her share of the rent either.

    As we are both on the tenancy agreement I really don't know what to do. I think the easiest for me is to give notice (it's a 12 month contract so I can do it soon). But I think I need her agreement as she's on the lease.

    Any any idea what could I do ? Can I give notice without her consent ? Is there also a way to force her to pay her share of the rent ?

    Arnaud

    #2
    You can give notice on behalf of you and your girlfriend to end the tenancy at the end of the 12 months. The "Tenant" is the 2 tenants combined - so either of you can do it. Technically, you don't have to give notice, but I think it would make sense in this scenario.

    If GF wants to stay, then that is between her and the landlord.

    If you have paid a deposit, and expect some/all of it back, then you need to make sure that the deposit on the joint tenancy is refunded in full, and divided as appropriate. Your ex can then use her share (if any) towards a replacement deposit.

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      #3
      Thanks for your reply.

      The full amount of the deposit was paid by myself. So I hope she can't claim anything...

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        #4
        Originally posted by Snorkerz View Post
        You can give notice on behalf of you and your girlfriend to end the tenancy at the end of the 12 months. The "Tenant" is the 2 tenants combined - so either of you can do it. Technically, you don't have to give notice, but I think it would make sense in this scenario.

        If GF wants to stay, then that is between her and the landlord.
        Really? Surely if she stays on after the OP has 'ended the tenancy', then because she's still there the tenancy has self-evidently not ended - and therefore the OP would still be liable for the rent as long as GF stays put, unless GF does the decent thing and sets up a new agreement with the landlord? I don't see how 'either' the OP or GF can unilaterally end the tenancy: surely in practice it must be both?

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          #5
          Originally posted by Ericthelobster View Post
          Really? Surely if she stays on after the OP has 'ended the tenancy', then because she's still there the tenancy has self-evidently not ended - and therefore the OP would still be liable for the rent as long as GF stays put, unless GF does the decent thing and sets up a new agreement with the landlord? I don't see how 'either' the OP or GF can unilaterally end the tenancy: surely in practice it must be both?
          Here is a recent Jeffreyism on the very same subject.
          http://www.landlordzone.co.uk/forums...58&postcount=2

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            #6
            In same situation

            I'm in the same situation and have read Jeffreys other thread. The person I have a joint tenancy with gave notice to the Agent. I couldn't find anywhere to move to and tried to arrange a new tenancy agreement on my own but failed. The Agent filed a S21 today but in both of our names. I can't see how the notice can be given to both parties when the other party gave notice and isn't here? Agent says both parties have to give notice to terminate the agreement - have been through the Housing Act and can't find anything about it.

            Have a periodic tenancy paid on last day of each month. Other party gave notice on 26 June by recorded delivery for 1 month notice and left end of July. Other party also wrote at beginning of August to agent to say they were no longer liable for rent. Received S21 today from agent to leave at end of October.

            Questions:
            1. Has the original tenancy agreement been terminated
            2. Can the other party get their deposit back through the DPS now
            3. Rent is in arrears as not paid after end of July, is other party liable for any rent after he left?
            3. Is the S21 still valid if in both our names but only me here

            Thanks for any advice that you can give ......

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