Urgent Advice needed

[stunner1901]

Hi all

i will try to be concise but basically my son and his (now ex) partner have always had a roller coaster relationship

in July they tried a last ditch attempt by renting a house together but after 5 weeks she left him

he is struggling to pay all the bills and trying to honour the 6 months contract but she is constantly badgering him for money for their daughter. Even though in reality it is for her drink and drugs lifestyle.

my son has his daughter one day in the week plus all day sat and Sunday until mid afternoon

he has said that whilst he is keeping the house he cannot afford any maintenance but obviously treats her when she stays with him

his ex is demanding maintenance plus 85 per week for pre school

he is now considering leaving the contract 3 months early and paying his half of the remainder and telling his ex that she's got to pay her half

can anyone advise as to his options please

thanks in advance

[ostell]

Re: Urgent Advice needed

Unfortunately they will still come after him for the balance if he has the means to pay.

[stunner1901]

Re: Urgent Advice needed

he would pay his 1/2 willingly but as it is in joint names would she be legally liable for the other 1/2?

in my eyes it is equal liability and I said pay her maintenance for his child but demand 1/2 of the household bill money in return

[ostell]

Re: Urgent Advice needed

That's probably not what the contract says. It seems fair but they will go after whoever is the easiest.

[stunner1901]

Re: Urgent Advice needed

Ok so basically it depends on the contract?

[nemesis45]

Re: Urgent Advice needed

he would pay his 1/2 willingly but as it is in joint names would she be legally liable for the other 1/2?

in my eyes it is equal liability and I said pay her maintenance for his child but demand 1/2 of the household bill money in return

If there is a " joint" account contract the parties are jointly and severally liable for the debt it is not the question of " half and Half" if one doesn't pay the other party is liable for the whole debt.

nem

[stunner1901]

Re: Urgent Advice needed

Thanks for these answers guys and forgive my ignorance

surely if he agrees to pay 1/2 that would cancel his liability to the rest?

if not who decides who should pay?

[Crazy council]

Re: Urgent Advice needed

Hi

If the property is easy to re-let, the agent may allow it to terminate early under some conditions, its not unusual,

[MIKE770]

Re: Urgent Advice needed

No joint just means that = until the full amount paid either are liable regardless who has paid what.

[Diana M]

Re: Urgent Advice needed

They are both equally liable for the rent and any breaches of the tenancy agreement.

Who paid the deposit? Was that split 50/50 or did your son pay it all (or his girlfriend)?

At the end of the tenancy the deposit will be returned to the "Lead Tenant" (the one named/nominated as the "Lead").

If his girlfriend paid the deposit then she will get the money paid back to her regardless of the fact your son may have paid all of the rent.

If there is damage to the property then the Landlord may deduct that from the deposit. If there are any rent arrears then the Landlord may deduct that from the deposit.

So if his girlfriend paid the deposit then any rent due will be paid by her in effect (assuming the deposit taken is enough to cover it).

However if your son paid the deposit then any damage to the property and or rent arrears will be deducted from the deposit so he won't get it returned to him (even if he's paid the lion's share of the rent).

Where will your son live if/when he moves out? If he continues to rent (albeit a cheaper place) he will need his current Landlord's reference in order to secure the next tenancy so it would be unwise to allow rent arrears to accrue which could scupper his reference.

One solution is for your son to try to find someone to substitute for him so the Landlord allows him to surrender the tenancy agreement early, but the Landlord would need to be happy with the replacement, they can't be forced on him (Landlord).

The Child Maintenance issue is not relevant to the rent issue.

Di

[stunner1901]

Re: Urgent Advice needed

Thanks Di

He paid deposit

He will move back home

I'm not sure who the lead is, possibly GF as it was through a friend, so not sure who will receive. However, the deposit was paid via his bank so maybe that would be means of return although he was going to say to landlord keep deposit as his 50%.

Arguement re the child maintenance is if he pays for daughter it is not unreasonable to ask her to pay her proportion of household bills surely?

Only reason he wants to leave house I'd because of demands she is trying to put on him for daughter.

Regards