Tenant Contract
hi my girlfriend was contract at her flat for 12 month , however due to a violent boyfriend she had to leave early due to fearing for her life this has now gone to small claims court as my girlfriend was ordered to pay the rent un until the flat was taken over by a new tenent..judge said only way she would be able to break this contact is if the buidling has burned down and it was no longer liveable. however she is on maturnity pay at the minute having given birth 1 month ago. the court order her to pay the sum of 2500 within 14days what can be done here as there is no way she can afford to pay this in one go,even if she was back at work fulltime this would be 2.5 month wages, can i go see a solicitor and arrange to pay this back bit by bit? also would my earnings be a factor in the repayments? as this is not my debt but she lives with me in a joint tenancy.with all the belonging TV etc in my name so im pretty sure they cant touch any of that? thanks in advance for your help
I have been involved in a
I have been involved in a similar case just recently.
The liability itself will depend on the terms of the written tenancy agreement. Usually however such agreements provide no mechanism by which the tenant can end the contract during the fixed term. If therefore the tenant leaves durng that period he/she will be liable for the rent up to end of the period.
The landlord is under a duty to mitigate his loss. Provided therefore that the lanllord acts reasonably and relets within a reasonable time it does seem to me that the tenant would be liable for the rent up to date when the property was relet - assuming of course that we are still within the fixed period of the tenancy.
The debt belongs to your partner. Your assets cannot be touched.
Your partner should make an application at the relevant county court to allow her to pay by instalments. This will mean an examination by a district judge of her income and outgoings. Use this form.
Thanks for you help
Thanks for you help