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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice.
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I have a tenancy jointly in my name and the name of my ex-girlfriend.

Customer Question

I have a tenancy jointly in my name and the name of my ex-girlfriend. I vacated the property six months ago when we separated. I served notice on the tenancy but she will not leave. She has no money so I keep having to pay the rent. What can I do to force her to move out?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

I presume you mean that you were a joint tenant?

Not that you were a landlord?

If so, why isn't the landlord evicting her?
Customer: replied 3 years ago.
We are joint tenants.
Expert:  Remus2004 replied 3 years ago.

So why have you continued to pay?
Customer: replied 3 years ago.
Well, I do not want to be taken to court myself or have a bad record etc. for not paying rent.
Expert:  Remus2004 replied 3 years ago.
No, but that isn't all that likely here.

The difficulty is this. You are jointly liable until she leaves. You can end the tenant as a joint tenant and you have done so but if she remains as a periodic tenant then you remain liable until she goes.

You can stop paying. If you do then the landlord would evict her fast enough. He may seek a compensation order and he may attach you to the claim but you could counter claim against her if you have to pay out under the award and you would win.

Also, if you pay CCJs within 28 days then they drop off your record and then you can set about recovering from her.

You do also have a right to live there. If you are jointly liable upon the tenancy then you can return as you wish. That might well focus her mind.

I think that you mean a S21 notice though. If so, then the landlord has begun the process of evicting her anyway so you could just rely on that. That would expire in June and then even if she doesn't go he could get an order by August at worst. If you keep paying then you will be able to claim from her.

Can I clarify anything for you?