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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I confirm you were neither married nor had any children together please?
Was the arrangement whilst you were together that you would pay the rent and bills?
After you split up did you make any requests for your partner to pay rent and if so were such requests made in writing?
Presumably you were jointly named on the tenancy?
We were not married or have any children. There was no agreement, I just paid the bills. Yes joint names
I didnt make any request as I was going to pay it myself to let go off the past. She now wants money off me from the deposit, but that has been taken up by final bills.
Thanks. Whilst you were together did she pay any rent?
No she paid nothing towards bills or rent
Thanks. Was this agreed before you moved in together or did she reneg on a promise to pay half of or towards the rent?
Did she put anything towards the deposit?
there was no agreement , i just paid it myself. she paid a bond which i have used to pay gas and electric .
Thanks. If you are jointly named on the tenancy agreement then the starting point is that you are jointly responsible for the rent and accordingly she would be liable for 50% of the rent during her period of occupation. Accordingly the starting position is that you would have a claim against her for the half the rent during her period of occupation.
so even though i have left the property can i still make a claim? and also the council tax?
You will need to consider that she may try to argue that you promised to pay her part of the rent which is evidenced by financial records that you did in deed pay the rent. There is unlikely from what you say to be any written evidence that proves this either way so you will have to have your position prepared in this respect. In order to counter such an argument you would need to be very clear that you never agreed to do this but simply paid the rent for example as a loan to her because she could not afford it at the time but expected this money to be repaid when she could afford to pay her share or whatever the position was. The same is true of outgoings for the property, e.g. bills and the like.
If you do not make a clear and unambiguous position clear in respect of why you paid the rent for her you may not be able to recover her part of the rent from her. There is no presumption in law that monies you paid on her behalf was a gift but given the lack of written evidence an agreement or lack of agreement between you will be inferred by a judge based on your statements if the matter proceeded to court.
Ok thank you. I will make a claim against her.
The position after she left is less straightforward. Technically if she leaves, this serves to end the joint tenancy. This does not mean that you are not still liable to pay rent to the landlord but the process should be that notice is given to the landlord and either you take over the tenancy or ask the landlord to remarket the property to a new tenant.
That neither of you did either of these things amounts but you remained and continued to pay rent gives rise to a presumption that you intended to take over the tenancy and unless you can provide evidence to the contrary it is therefore questionable whether you would be successful in recovering any significant proportion of the rent from her after she left.
However providing you are clear that your position was that you were only paying her part of the rent on the basis that you expected this to be repaid to you, there would appear to be a basis for you to recover the rent and outgoings from her for your joint period of occupation.
With regards XXXXX XXXXX deposit, this would be divided in proportion to your respective contributions to it net of any deduction the landlord successfully claims.
Is there anything above I can clarify for you?
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no that is great thank you. your information was what i needed.
A pleasure. Best wishes