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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My son has a joint rental agreement with his ex girlfriend.

Resolved Question:

My son has a joint rental agreement with his ex girlfriend. They have 3 months left to pay and she is refusing to pay half. He doesn't want to get any bad credit marks and also the risk of interest and late payment charges. If he pays the rent can he go after her for her half?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If there was an agreement between them that they would pay half each then she cannot just refuse to pay without facing consequences.
He can pay to avoid a CCJ or a possession order and then sue her for the sum she owes him.
It will be a small claims court sum so it will be cheap enough to issue. You can do so here
www.moneyclaim.gov.uk
He does really need to write to her by some recorded means. Even if they live together still a text or an email would be good. Set out his intentions to sue if she does not pay. If she doesn't then just issue.
I wouldn't waste any more time negotiating. Apart from anything else there is no record of it and also not much sense is to be found from a person who says that having no money is a reason to escape liability.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

thank you - just to clarify, is the agreement to take joint responsibility purely by the fact they have a joint contract or does there need to be a separate agreement in place that they are equally liable?

Expert:  Jo C. replied 2 years ago.
Well, there should be a separate agreement if only verbally.
The truth is that a court will probably deduce that the joint AST implies an agreement to pay a contribution each but there is going to need to be some evidence upon that point. They won't expect a separate written contract. Evidence that she has paid in the past would probably be sufficient.
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