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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 9
Experience:  Qualified Solicitor
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I was involved with a lady last year I bought a house for us

Customer Question

I was involved with a lady last year I bought a house for us and took on a £35,000 debt over a year .
My partner was not committed to relationship and found a new boyfriend almost immediately after I bought the house.
Our arrangement was that she would help me pay the loan back as she was renting her own house out .
She never paid rent even and when we split she stayed in the house for seven months and in that seven months she only paid me £400 .
I want compensation for unpaid rent £2400 and I want compensation for personal anguish and stress which has adversely damaged my Heath as I am type two diabetic and hypertensive also at this time I was on anti depressants citalopram recovering from a suicide attempt earlier in the year .
My partner is a C.P.N and should be aware that her turning her back on me and leaving me with all this debt to pay alone caused intense and health damaging stress to me .
She has now admitted to me in a text message she was never committed to the relationship but still stood back and let me accrue this debt .
I struggled this last 15 months without a proper job to pay back this money while she didn't care .
Do I have a case to claim for damages ?
Charlie Morton
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

In the absence of a formal written cohabitation agreement you have some problems here and you certainly can't claim compensation for stress and anguish.

So that I can determine whether you may have a case for claiming a contribution to the loan, can you please tell me precisely what her text message says?
Customer: replied 4 years ago.
Her message sent yesterday posted below .
There was no written agreement it's very simple I incurred a debt to buy a house for this lady and her dogs.
It became clear from the start she was not interested in living with me she only wanted to lodge in my spare en suite room .
And once she moved in she immediately took up with another man .
It's clear from the speed involved and things I have been told she was aware of what she was doing .
As before I bought the house she repeatedly said that if things didn't work out she wanted to stay on as a lodger .
While she rented her own house out
I cannot believe you are telling me I have no redress this is deceitful she led me to believe she loved me and we were building a home together .
So I took on debt for the first time in my life .
She walks away with no recrimination and I have suffered greatly because of her pre meditated deceit

I don't ever rememberfeeling so sad that this is how it ends guess I couldnt relax enough ever to trust you again so it was doomed from the start but never intentionaland I'm really sorry for that I will compensate you Charlie if it means you can move on
Expert:  JGM replied 4 years ago.
As former cohabitants there are remedies for compensation where one party has been economically disadvantaged and the other party has been correspondingly advantaged but this does not apply here because she left and does not appear to have gained an economic advantage.

You also could presumably sell the house and pay off the debt you incurred.

There is no legal basis for you incurring compensation for inconvenience, upset and stress in these circumstances.

As far as any financial loss is concerned she has indicated that she will compensate you and you may want to negotiate a settlement with her but again there is no legal basis for this unless you had a formal cohabitation agreement.

The "old" laws relating to breach of promise under Scots law have been repealed, I'm afraid.

Happy to discuss further.