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Can I enforce my ex to pay her share?


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Briefly - myself and my girlfriend took out a year's lease on a property. We BOTH signed the tenancy agreement. She left in January and is living nearby and I have been paying the full amount of rent.

 

Can I force - via small claims court I guess - her to pay her half of the rent (and back date it) ?

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It may be difficult. Rent is payable by 'The Tenant', a single legal entity conprising all Ts who are 'jointly + severally liable' If one moved out the others can sue the absent T for his/her share of due rent & bills paid for by the others.

If rent is owing to LL he can pursue any joint T for full payment.

Is the AST still within the fixed term? Any break claise in the AST? Did g/f give you or LL any NTQ? What was agreed about her departure? What date did AST commence and g/f leaving date.

I assume this departure was unexpected & poss acrimonius.

The County Court (SCC) can be used by any claimant who feels he is owed something by defendent. Depending on amount claimed it may cost ~£100 up front fee, reclaimable if you win, may take several weeks/months and cost more to recover if loser fails/refuses to pay. So is it worth it? What do you want to achieve?

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