serious advice needed

[wellingtoncat]

hi

ill explain the background to this hoping someone can help

in 1990 i got married in 1993 i got divorced in 1995 i got back with my exwife and daughter, in 1996 we moved in to a local authority owned house, we then tranfsered to another local authority owned house nearer to my parents to help my dad look after my mother. this was in 2000.

in 2009 my and my partner (ex wife) finally split up for good i moved out and she kept the house.

this has been a joint tenancy on both properties since 1996.

in june this year i remarried and moved out of the county altogether.

now. in august 2010 my ex wife occurred £1200 of rent arrears on the property and naturally they came after me being a joint tenancy. so i agreed to help my ex wife pay the arrears on a weekly basis which i have done ever scince january this year.

 

on the 22nd july 2011 i went down to collect my youngest daughter for the weekend to find no one was in. as i walked back up the path i was met by a solicitor who presented me with an injuction to gain entry to the property to allow the service of the annual gas saftey check. as i explained to him i moved out in 2009 so i know longer live here his reply your on the tenancy end of.

so i called spirita (landlord) and on my ex wifes behalf got them in to do the service saftey check, all completed ok. spirita then said we are still going to court to recover costs £899 to be exact. well as i live 80 miles from nottingham and the court hearing was at 10 am on 28th july and no car there was no way i could get there in time so on the 26th i faxed over and sent special delivery to the court a 3 paige defence letter explaining when i moved out where i have lived etc etc. this wasnt given to the judge on the day of the hearing so he awarded costs.

 

i called the court and asked why he had not been given my defence ( an administration error was to blame) so under the circumstances and the fact i could prove the letter was delivered the day before the hearing they re submitted the defence to the judge.

 

3 weeks later and the result came back judgement still stands.

so i then called spirita and offered them a deal.

all the rent arears cleared and half the court costs paid providing they take me off the tenancy.

it was agreed in principle ( waiting for written confirmation at present)

 

spirita then called my ex wife to explain what would happen.

tenancy would change from assured to starup in her sole name

rent would increase from discounted amount of £82 per week to £99.65 per week.

 

so the ex wife is not happy and is now refusing to take me off the tenancy.

 

so i went back to spirita with another deal

 

all the rent arrears cleared if they assign the injuction costs into my ex's sole name

dont know if this will work or not.

 

anyway points to note

 

arrears were inccurred when i had left the property

no clean break order submitted when divorced

i am aware i can terminate the tenancy but not prepared to put my daughter on the streets

 

is there anything i can do legally to either get off the tenancy or get this order for costs awarded to her i have no right of appeal on this as i di not attend court

 

ay help would be massivly appreciated as i cant even find a civil solicitor in sunny macclesfield

 

 

thanks

 

lee