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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70649
Experience:  Over 5 years in practice
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I was renting a property with a girlfriend she left me last

Customer Question

I was renting a property with a girlfriend she left me last December we were paying half the rent each the tenancy agreement runs out in June 2016 She has gone to her mothers and i cannot give up the property as i would have nowhere to live.Can i pursue her for her half of the rent plus any outstanding bills which are in joint names
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 is this please?
Customer: replied 3 years ago.

Tenancy agreement for 3 years with no break clauses ends in June 2016

Expert:  Jo C. replied 3 years ago.
Is it entitled assured shorthold tenancy agreement?
Customer: replied 3 years ago.

Assured Shorthold tenancy agreement

Expert:  Jo C. replied 3 years ago.
Thanks.

What steps have you taken to find a replacement?
Customer: replied 3 years ago.

What a replacement property I am very happy living here and the rent is good. I just need to know if legally she signed the agreement in joint names and the bills in joint names wether she is liable going forward

Expert:  Jo C. replied 3 years ago.
No, sorry.

A replacement tenant?
Customer: replied 3 years ago.

NO they probably could re let it but i really dont want to leave

Expert:  Jo C. replied 3 years ago.
No, thats not what I meant. Sorry if I'm being unclear.

A replacement tenant to move in with you.
Customer: replied 3 years ago.

not allowed to sub let

Expert:  Jo C. replied 3 years ago.
No but they will let you replace a departing tenant?
Customer: replied 3 years ago.

But what about if I want to live here on my own can I pursue her for the rent

Expert:  Jo C. replied 3 years ago.
Not that easily.

At least, you do have a claim but you are under a duty to mitigate your loss.

Clearly she is in breach of contract. You had an agreement that she would pay and she has not. She is liable.

The difficulty that you have is this. You have a duty to mitigate your loss by trying to find a replacement. Maybe you can. Maybe you can't but you must honestly try.

Also, the truth is that a Judge may well take the view that she is liable for some months but should not be made responsible for the remaining months under the contract because you have had the benefit of living there and she has not.

However, you do have a claim against her.

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

Jo