How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2743
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Law Question Here...
SolicitorRM is online now

I have questions about joint tenancy payments and what can I

This answer was rated:

Hi, I have questions about joint tenancy payments and what can I do if the other tenant has not shared the costs fairly.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Negotiations and mediation have failed
JA: Where is the property located?
Customer: UK
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hi, thank you for your enquiry and your patience. What costs have not been shared fairly? Do you pay 50/50 rent and the same is meant to happen on the utility bills? Are you partners or not linked in your personal lives?

Customer: replied 5 months ago.
50/50 should be fair but she has paid around 10-30%

Hi, it really depends on what was agreed when you took the tenancy. To the landlord they do not see you as 50/50 they see 100% when they look at each of you because you are jointly and severally liable. If between yourselves you agreed to share everything 50/50 and she is not meeting her share then you are within your rights to tell her to make up the remaining 40-20% and if they refuse, as long as you can show that the agreement was always that it was a 50/50 you can give her a letter of claim showing the sum you are claiming and giving her 14 days to pay, failing which you can take her to court by completing Claim form N1, attaching your particulars of claim and attaching any evidence you may have to show you are in a joint tenancy and what she is actually contributing and the short fall and copy of your letter of claim. You would want to download Form X50 too as this has the court fees payable when you file your claim. The fees are relative to the value of the claim you submit to the Court. I hope this is useful to you. I would be grateful for your rating at your earliest convenience by clicking on the row of green stars at the top on your screen. Do not hesitate to send me your follow on messages should you have any after your rating. All the best

Customer: replied 5 months ago.
Thank you for your reply!I have written down some points points to explain it better - feel free to refer to them by number.1. I was in a relationship with my ex for 3.5 years about 3 years ago
2. We lived together as joint tenants for the last year of the relationship in two rented properties (both of our names are ***** ***** agreements and utility bills)
3. I covered a significantly bigger portion of all the payments
4. My ex-partner has been harassing me, has assaulted me and spread false negative lies about me to my relatives, friends and acquaintances constantly since the breakup
5. She demands money for some items she believes I have not given back to her believing she owns them
6. She has not accepted repeated offers of bringing the items to her or transferring money for the items to her and has continued her behaviour
7. I have not been able to properly communicate with her due to her behaviour so mediation and similar options have not been of use
8. To stop this dispute, I want to find out what leverage I have to demand some of the rent and bill money back as if it was a fair split - I believe this would fit in the small money claims category
9. I'm hoping that there is also something in my favour considering that she deliberately delayed her tenancy surrender signature after she had physically and officially moved out of the second property
10. As I believe her negative behaviour is a separate matter to deal with, I want to focus on the financial dispute, unless her behaviour can be taken into account (I have evidence of her behaviour in the form of messages/emails from her to my partner, father, friends, myself and some other forms)

Hi thank you for the clarification. You are right, the behaviour issues will take away from the argument that you want to make in support of your claim for reimbursment of what you have paid. If you are noted on the tenancy agreement as joint tenants then you can reasonably expect the other tenant to meet their 50% of costs involved in the tenancy agreement. It would be ideal if the 50/50 agreement was document however nothing stops you from maintaining that is what was agreed and it is for her to challenge and provide evidence that it was not agreed. In such a situation it would be a 50/50 merits of success and who succeeds will depend solely on the presiding judge's discretion on who to believe on the day, So yes if the 50% share is below £10,000.00 it would be allocated to the small claims track limit and the procedure in that track is quite straight forward to follow without representation.

Customer: replied 5 months ago.
Thank you, ***** ***** helpful! I'll be sure to give you 5 stars, but right now i think I may have further things to ask about this as I will meet with Citizen's Advice tomorrow to help me pull this more together for a solicitor or some further action.
Customer: replied 5 months ago.
I am composing a letter to my ex-partner to offer multiple solutions and I will need to really understand my position on the small claims option for the rent and bill money. I hope it is OK to continue with that in this "Active Question"?
Hi, follow on questions are really to clarify anything that you may not have understood from guidance given. If you are looking for an additional service such as reviewing a draft letter; assistance with actual drafting they attract an additional charge under the JA premium service. It is premium by JA standards but still very low in the real world.
SolicitorRM and other Law Specialists are ready to help you
Customer: replied 5 months ago.
I have booked an appointment with a local solicitor so I will proceed with that. Thank you for your answer!