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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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Hello. My ex girlfriend and I broke up last month and I have

Customer Question

Hello.
My ex girlfriend and I broke up last month and I have a 12 month lease agreement with her name on it (Started in August). I paid the deposit, and the rent and bills (as she didn't work).She has moved out but is refusing to have her name taken off the agreement. She has also asked to collect the rest of her belongings tomorrow (which I have no problem with) but I am worried she is going to trash the house as she has turned a little psychotic and has hinted that this is her intention. I have told the estate agent about my concern and they say there is nothing that can be done as he name is XXXXX XXXXX lease and they have to give her a key if she asks for one. Is there any way to have her taken off the agreement with out her written authorisation?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What type of contract do you have please?
Customer: replied 3 years ago.
It's an assured shothold tenancy agreement for 12 months. Is that the right answer? Sorry, very new to this sort of stuff.
Expert:  Jo C. replied 3 years ago.
Thanks.

Yes, thats spot on. I'm afraid its bad news though.

The letting agents are right. This is an AST. They have to show a breach to remove her unless she agrees. Even then some breaches are not sufficient to remove a person. You have to do something like not pay your rent for two months to be guaranteed to remove a tenant.

Obviously if she consents that a different matter and a new AST can be issued to you. That doesn't seem to be your position though.

You could stop paying and then they will seek a possession order but that would lead to them removing you too although, of course, they can sign a fresh contract with you afterwards.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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