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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter moved into a 3 bed flat last November with a

Resolved Question:

My daughter moved into a 3 bed flat last November with a partner his son (16) his sons friend (17)& her daughter age 10 at the time. His mum had recently passed away & my daughter helped with the funeral expenses as at the time didn't have a job. he got a job just before they moved in together but shortly after they moved he lost the job (why isn't clear). He didn't bother to look for another one and when she said anything he kept saying he was doing his best while doing nothing. My daughter got minto a lot of debt to try & keep the flat £13,000 loan £3,000 overdraft she's so much in debt now she cant pay the rent & he appears to be working but giving her nothing & he's told her he's moving out on Friday even though they both signed a 2 yea contract on the flat & although she earns decent money in her job she cant afford a solicitor to try & get some of her money back from him & she doesn't know where she stands with the 2 year contract on the flat which will not finish until November 2017. she has no money & loads of debt as all the bills came out of her account. What can she do?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are they in England or Wales?

-Are they married ?

-Were there any formal agreements between them regarding her financial assistance?

-Is the flat rented, if so whose name is ***** ***** in?

Customer: replied 1 year ago.
They live in England, they are not married no formal agreements between them it was just assumed that he would give her half the rent monthly and the agent would take it from her account.
the flat is rented & both of them have signed the tenancy agreement.
Expert:  Harris replied 1 year ago.

Thank you for confirming. It is unusual for there to be a private tenancy for an initial period of two years. Has she checked the tenancy to see that this is actually correct and if there is an early break clause (right to end the tenancy early)?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
the agreement is for 2 years, no early break clause but the agents in agreement with the landlord said she can give notice in November when they will b one year in the flat and leave in January when they will have been there 14 months. She will have paid all the bills & have no money while he walks away having paid nothing towards anything for himself, his son or his sons friend.
Expert:  Harris replied 1 year ago.

Thanks - it is helpful that the landlord has agreed to end the tenancy a year early, however as they would have been joint tenants on the tenancy, they will be jointly and separately liable for the rent and the landlord will be able to claim the rent from both or either of them if it was not paid.

Given the substantial contributions she has made, she would be in a good position to seek to obtain a share from him due to any intention that they had that costs would be shared, as well as the tenancy being signed by both of them.

Initially she should write him a formal letter outlining her expenses and what his half of the costs/debts would stand at and inform him of a deadline to settle the debt and put him on notice that he will pursue a court application if it is not agreed. In the event that no agreement is reached she would be in a position to seek a money claim against him which can be started here: https://www.gov.uk/make-money-claim-online

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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