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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Daughter and her Partner recently signed a 12 month tenancy

Resolved Question:

My Daughter and her Partner recently signed a 12 month tenancy agreement but he has now walked out leaving her devastated with insufficient money to pay any bills. She cannot afford on her salary to stay in the property for the long term but in the meantime whilst she sorts herself out is there any way he can be made to make contributions ?
Whilst they were together I also loaned them some money to help move in initially, for them to have a holiday and to clear their credit card bill, how do I recover his half of the loan ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : for now please let me know who signed the tenancy agreement?
Alex Watts : did he sign anything to do with the loan? If not was it paid into his account ?
Customer:

The tenancy was signed by my Daughter, Laura Bartholomew and her Partner Phillip Dover.

Customer:

Nothing was signed in connection with the loans I gave them - I did it in good faith.

Alex Watts : Was it paid into his or her account the loan?
Alex Watts : were any repayments made?
Customer:

Monies were paid into her account but he had access to this account.

Customer:

No repayments have been made and he never acknowledged or thanked me for helping them out.

Alex Watts : Ok. On what basis is he liable for the loan ?
Customer:

As far as I am concerned it is 50% as the monies were for both of them living together.

Alex Watts : Ok. How much we talking?
Customer:

£7000 in total - his share £3500

Alex Watts :

Ok.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.


Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Your a daughter needs to do the same procedure in order to claim half the rent.

Alex Watts :

So you issue proceedings for your debt and your daughter does

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Sorry, only read your response late tonight - do I understand you correctly that my Daughter can go through the small claims court procedure for his half of the rent ? Not clear on how many months she would need to claim ? There are currently 10 months to go before the end of the tenancy agreement and my Daughter will have to move out soon as she cannot afford to live in the bungalow without his contribution and could not wait for the court settlement.

Alex Watts : Yes she can claim for the period that he owes.
Alex Watts : Sadly I can't help with her having to move out early, but she can claim the total period die.
Alex Watts : @ due @
Alex Watts : does that help?
Customer:

Yes thank you.

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