Fleeing DV from joint tenant/partner who remains in property

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    Alison Jones

    I’m getting myself tied up in knots over this case. Can anyone enlighten me?

    Clmt and partner are joint tenants. Payments of HB go to partner’s bank account.
    Clmt flees the property due to violence from the partner and has no intention to return from outset. HB claim brought to an end with an overpayment. The now ex-partner does [u:f489f56b0d]not[/u:f489f56b0d] submit their own claim.

    I am inclined to pay the clmt 4 weeks after she left as couldn’t avoid continuing liability. The now ex-partner has now brought the tenancy to an end. I believe I could only pay the clmt at 50% liability as the ex-partner was also a joint tenant; so couldn’t be considered a non-dep and shouldn’t be absolved of all rental liability…? If this seems fine so far then this could reduce the overpayment.

    So what to do with anything left to recover?
    Clmt is always a party to recovery. BUT can I recover from the ex-partner by invoicing them on the grounds that they are the person who received the payments (i.e forgetting they are/were the partner just going for them as payee)? Or am I caught out by the ‘must be partners at time overpayment created and at time of recovery’??

    Any ideas please on either aspect of this case?


    Yes, you can invoice the ex-partner. The only thing you can’t do is recover from his on-going benefit

    Kevin D


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