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Being chased by martin & co for wifes rent


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Hello All.

 

Desperatly seeking advice!

 

Around a year ago my wife told me she didn't love me anymore and wanted too separate!

 

it was agreed that she would move out after i paid her a lump sum and went on a tenancy agreement with her!

 

My wife left me in January of this year after me giving her £21,000, i would like to ad that she left me for a drug addict and has spent all the money!

 

She is getting housing benefit but recently her letting company have been contacting me as she has not been paying her rent!! I asked her about this and she said she had paid two months rent, today i receive an email from the management company saying they are about to take legal proceedings against me!!

 

1. I have never lived in her property

2. She has been using her housing benefit money to buy drugs

3. How do hell do get myself out OFF this situation? Yes i'm on the tenancy agreement! But where do i stand legally/ Do i wait until they take me to court to state my case? I have just recently been discharged from a IVA and it would make me sick to me stomach to have to pay for her and her boyfriends rental arrears, even though she is currently staying with him!

 

 

Please help?

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1. I have never lived in her property

 

So why did you go on her T Agreement pres as joint T?

 

If you are signed as joint T in a family property then you are equally liable for total rent.

There may be some debate whether you were a T. If you signed as G you will be in same position.

 

LL wants his rent and is entitled to pursue the debt from whom he can.

Edited by mariner51
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Hi

 

I do have to agree with mariner51 on this.

 

As has been pointed out as you are named on the tenancy agreement as a joint tenant you are jointly liable for rent and any rent arrears.

 

Why did you not get your name removed from the tenancy?

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I was staying at my parents at the time and she wanted to move out and the only way I was going to get back in my house was to come on the tenancy agreement with her! As otherwise she wasn’t going to budge, She has been paying fine paying rent until now! My life has been turned upside down and all i want to do is move on.

 

So what can I do now? I honestly don’t understand how she can get council to pay her rent but use the money for drugs, she is so messed up if she knew i was liable for the rent should would definetly let me pay it! I'm having trouble paying my mortgage and child support.

If this went before a judge and the judge found out that she was recieving housing benefit and not paying it towards her rent how would that effect me? Martin & co have served her notice and she will be out in Febuary

Edited by vialli69
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As you are legally bound to pay (being a joint tennant) I would personally talk to the agency and get them to issue a section 8 eviction notice on you both ( I know you don't live there but you are legally bound to the TA), then let them know about your IVA and then come to a deal with them. Looks like you are going to be stuck with the bill as they are more likely to get the money from you then your wife.

 

The quicker she is evicted the less money you will have to pay.

 

Sorry it is not what you wish to hear but you are legally bound.

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As you are legally bound to pay (being a joint tennant) I would personally talk to the agency and get them to issue a section 8 eviction notice on you both ( I know you don't live there but you are legally bound to the TA), then let them know about your IVA and then come to a deal with them. Looks like you are going to be stuck with the bill as they are more likely to get the money from you then your wife.

 

The quicker she is evicted the less money you will have to pay.

 

Sorry it is not what you wish to hear but you are legally bound.

 

They have served her notice and she is due out in Febuary, i know she has a month and a halfs security deposit with them! Martin & co also said they can get the council to pay the rent directly to them after 8 weeks of arears, bu all they wanted to do was get the property let!

 

Truth be told i will have to go to court over this, even though i make decent money, by the time i pay my mortgage child support and bills i have nothing left.

 

So worse case senario 3 months rent arears , they have a month and a halfs security deposit! Martin and co can get housing benefit paid after 8 weeks, i think i need to ride this out!

 

I

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LA should apply for HB to be paid direct to them now. They don't have to wait for 8 weeks, T is irregular payer and new Govt guidelines allow for earlier direct payment if it helps the claimant stay in the property. If LA only served a s21, they cam suggest it was a warning to T, not that they definately intend to seek repo.

When did T start, exact date on AST?

In Eng / Wales?

Rent payable monthly? What date?

How long was fixed term? 6 or 12 month or longer?

How much rent is unpaid as of today?

 

If s21 was served in early Dec, then it will expire in early Feb ( if Feb 12 is after the end of fixed term) and LA could seek repo hearing (say 1 month to get into Court, then 4-8 week to engage Bailiffs & ex-wife could claim upto 42 days extension before eviction. Or she could just leave without Notice on last day of fixed term. So you could be liable for rent until Jul 12. Any property damages will be deducted from deposit before rent & you would be liable for any shortfall.

If LA is willing to offer your ex a new Contract to stay on, this can be done at any time after expiry of fixed term., which you do not sign. They should do an inspection before/at start of new AST, deduct damages etc from deposit and Ts. Then your liability would end.

 

Don't ride this out, go talk to LA and see if they are willing to offer ex a new AST asap and limit your exposure.

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The Tenancy started January 7th 2011, so it's ending in a couple of weeks, i have tried to make my ex-wife of this but she is ignoring everything, the LA just want the property back! Please read below the email i have sent the LA

 

Dear ****,

Thank you for your email and the attached AST.

I completely understand the position ****** has put us in and I have contacted her asking her to get in touch with you to resolve the situation as it is her that has been living there. I have not had a response from her yet, but I want you to know that I will do what I can to assist you in getting the keys back either before or at the end of the tenancy. As you say the additional costs involved in her staying put and incurring further rent arrears, and then having to go down the legal route will be substantial and I would of course prefer that not to happen.

As you are aware I have never lived at the address and the only reason I was put on the tenancy was to ensure the children had a roof over their head during our marital separation. I do understand I am therefore considered jointly liable for Aileen’s rent arrears, however she had informed me that she had brought her rental payments up to date, so was lead to believe she had caught up with her rent and was handing over the housing benefit she receives for the rent. Her claim for housing benefit is not a joint claim.

It is with my regret that I am now in this situation because of her dishonesty, and agree that the best option is for her to vacate the flat as soon as possible.

Please continue to keep me informed of the situation, as I will you if I have contact with her. Hopefully we can get this resolved as soon as possible.

Kind regards

I'm going to work with them!

She is so out of head on drugs! When it's all said and done and we end up going to court i wonder how the judge will look upon her when she has spent all her housing benefit on drugs!

How would the judge look upon this?

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