Tenant left property, girlfriend still resident - all help needed please

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  • Tenant left property, girlfriend still resident - all help needed please

    hi

    My ex-partner and i moved into a rented property 01/04/10 on a 6 month AST. My ex-partner is the only one on the tenancy agreement. I have paid half deposit and monthly rent - have bank statements to prove this. Ex-partner was having an affair (with 3 women!!) has moved out and now living in another property.

    Police are involved regarding his harrassment of me, he is now no lnger able to contact me unless through a solicitor.

    All rent is paid up to date.

    Notice has been served correctly and tenancy expires 30.09.10 (end of this month).

    My problem is i do not have the financial means to move out at the end of this month, have visited every government organisation with 25 miles to find help, applioed for credit cards, a loan etc. My partner was financially supporting me - to a degree - as i had supported him through redundancy/breakdown / unemployment etc. Ho knows i have no money. I have also been desparately looking for a job, as this will solve all my problems.

    Can anyone tell me what rights i have, what can my partner do to me up to end of tenancy, what could happen after tenancy expires etc etc

    I keep getting conflicting advice.

    I would like to stay on in the property until i get a job or find the money to move out and set up in my own home.

    I also do not want to inconvenience the agents who have been good to me so far but i really really do not have any other option at this time.

    BTW if i could i would of moved out the property as soon as i found out about his other women.

  • #2
    Is property in England, rent under 2085/month, deposit protected?

    Notice has been served correctly

    Who served noticed?

    Comment


    • #3
      Yes property is in england. Rent £1000 per month. Deposit is protected with agent.

      Agent served notice on ex-partner at beginning of August using the correct procedure.

      Agent will not deal with me, as tenancy is in ex partners name.

      Comment


      • #4
        Can my ex-partner just throw me out of the property before the tenancy ends? He is threatening this action.

        Can my ex-partner throw me out of the property after the end of the tenancy?

        I understand at end of tenancy, if property not vacated, (i have not moved out) Agent needs to follow possession / eviction process. How long would this take?

        Comment


        • #5
          Your biggest problem is that you are not on the tenancy, therefore the agent (with ex's cooperation) could just change the locks while you are out - you have virtually no rights in this matter as you are, in effect, a lodger (google "excluded occupier")

          If your ex was still living in the property, the agent would need to follow the s21 legal process - BUT - because he isn't, the tenancy is no longer covered by the 1988 Housing Act (see section 1(b)).

          What has the agent/landlord said about you taking over the tenancy?

          Comment


          • #6
            Originally posted by Snorkerz View Post

            What has the agent/landlord said about you taking over the tenancy?
            Not an option for her is it as she cannot afford rent at the current level.

            Comment


            • #7
              The landlord will not speak to me (not in a nasty way) only the ex partner.

              Do i not qualify for any rights?

              If i am still in the property by the end of the tenancy what sort or possession procedure will the landlord have to undertake?

              Comment


              • #8
                Originally posted by jup View Post
                Do i not qualify for any rights?
                I am wondering about squatter rights of which I know little to nothing...anyone else?

                Otherwise you may be limited in whats open to you as Snorkerz said above. I do have sympathy for your situation but also (and ultimately) for the LL.
                C

                Comment


                • #9
                  The landlord will not lose out, i take care of the property - it is spotless. the rent will be paid if i can stay - i have applied for hb - my partners half could be covered by taking in a short term lodger which i have suggested to him.

                  It is just to get me over this short term period, as you can imagine it has been the worst time of my life.

                  Comment


                  • #10
                    A friend suggested squatters rights!!!!

                    It very tacky and not the way i would want to go, even if i could.

                    The ex-partner cannot communicate like normal humans he just wants to shout, scream and be abrupt. Its sad that his behaviour prevents us from talking about the situation fairly.

                    Comment


                    • #11
                      I am sure that his tenancy does NOT allow for him to sub let the property.

                      However what if has without agents permission?
                      Has he not sub-let the property to me?

                      When he left he said he was moving out and that i could do what the hell i wanted with the house (something like that anyway). So has he not actually sub let the property to me?

                      if he has sublet the property to be (verbal agreement) Would that give me some form of protection from him throwing me out, e.g. he has to serve me with a proper notice?

                      Good grief you can tell i am desparate. But he has handed everything over to me. He even knocked on the door when he came round, also gave me notice when he was coming round. So he has behaved "like" a landlord.

                      Comment


                      • #12
                        Originally posted by jup View Post
                        A friend suggested squatters rights!!!!

                        It very tacky and not the way i would want to go, even if i could.

                        The ex-partner cannot communicate like normal humans he just wants to shout, scream and be abrupt. Its sad that his behaviour prevents us from talking about the situation fairly.
                        That's not going to fly I'm afraid - when you moved in you were permitted to do so, so you cannot now be a squatter, not that it would make a great deal of difference anyway.

                        Comment


                        • #13
                          What are "home rights" and "beneficial interest".

                          Am i clutching at straws?

                          Really do appreciate your advice.

                          Comment


                          • #14
                            Originally posted by jup View Post
                            What are "home rights" and "beneficial interest".

                            Am i clutching at straws?

                            Really do appreciate your advice.
                            Home Rights: apply to deserted spouse [or civil partner] of fleeing sole owner.
                            Beneficial interests: apply to anyone who has a share in property's value, whether or not also a legal owner or joint owner.

                            Neither applies to tenants who have acquired no capital value in the property (by purchase or gift).
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                            • #15
                              i paid rent to my ex, ex then paid to agent. I paid 3/4 of rent.

                              Is my mesme (dont know how to spell it) landlord and i am his sub-tenant?

                              Comment

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