House Mate leaves and wont pay rent!

Our Housemate just upped and left after two weeks of our new house. We have previously lived with her for one year. She went and told the letting agent that we had made her life hell for the last 2weeks, which is pretty much lies which we can prove!
But for some reason the agent is chasing me and my flatmates and our guarantors for her rent which has not been paid since she left over two months ago! She hadn't once told us of her problems and the agent immediately moved her into a spare room he had in another house, and marched round to ours telling us we would have to pay her rent and wanting us to sign a new contract. We then got one of my flatmates mum's involved and the agent left it at that until now. Sending us court letters.
We have a Joint Tenancy agreement, is there anything we can do? Should we just go to court with it?

Reply 1

D4rth

9

Time to bring out the big guns, just tell me when and where.

Reply 2

J@tko

Original post by sgraham

We have a Joint Tenancy agreement, is there anything we can do? Should we just go to court with it?

Well she has to pay then......

Just read your agreement, it should say somewhere she has to pay until the contract runs out. Show her it and tell her to stuff it where the sun don't shine :biggrin:

Reply 3

The Optimistic Ram

4

Original post by sgraham

We have a Joint Tenancy agreement, is there anything we can do? Should we just go to court with it?

Firstly, analysis your contract terms and try to understand what it all means, i.e. who pays what, when, how long, etc.

Secondly, if she is contracted to pay X amount per month for X amount of months, then she will have to pay X amount per month for X amount of months.

There might be a 'get out quick' clause in the contract which may state that a certain percentage of the rent is payable if the contract is broken mid term but you shouldn't have to pay.

As the J@tko says, stick your ground and make her pay!

Reply 4

sgraham

OP

we have had no contact with her since she moved out as she's refused it. our main issue is with our estate agents who is taking us all as a group (including her) to court for the the amount owed to him because we are all reliable because the agreement was a 'joint severance'? is this correct? or is he just trying to scare us? he has gave us a month to sort it out outside of court if we can by paying in part or through some agreed way. we are afraid to take it to court and end up costing us more money

Reply 5

Bilco

12

Original post by sgraham

we have had no contact with her since she moved out as she's refused it. our main issue is with our estate agents who is taking us all as a group (including her) to court for the the amount owed to him because we are all reliable because the agreement was a 'joint severance'? is this correct? or is he just trying to scare us? he has gave us a month to sort it out outside of court if we can by paying in part or through some agreed way. we are afraid to take it to court and end up costing us more money

If she signed a contract before you all moved in, which you should have done, then it will say she guarantees it for a year. If she has not done this then there isn't a whole hell of a lot you can do about it, but you really should have made sure of this when you all moved in.

Reply 6

MagicNMedicine

20

The problem is if its a joint tenancy agreement it probably says you are all jointly and severally liable. Which means if one tenant drops short on the rent and is being awkward paying it, its easier for the landlord to pursue the others and their guarantors for it. All you can do is put social pressure on her to pay but if she just stands her ground and tells you to f off then there is nothing you can do. I houseshared with a lad that dropped short on rent one time, the landlord came to the other two of us for it and I flat out refused to pay someone else's rent, which meant that he sued the other lad's Dad for the full amount (I hadn't given a guarantor). We went to see a solicitor and she basically said there is nothing really we could do other than pay it, the courts wouldn't care who had paid what share, its like when you are in a shared property and your name's on the utility bill, its your responsibility if the others don't pay nobody will come after them.

Reply 7

JKGB

13

AFAIK a joint tenancy means that you are all reliable for the rent, meaning that if someone suddenly decides to leave and not pay then they can chase you for the rent, you'll then have to try and get the money back off the person who's left or take them to court.

Bit of information about it here: http://www.studenthousing.lon.ac.uk/looking/contracts-and-checking-ownership.html#c111

Is there any way you can get a replacement for the person who's left?

Reply 8

hothedgehog

16

You need to get hold of a copy of your contract. It will state in there what the situation is on payment on rent when someone moves out. Then, you will see if you have a leg to stand on.

Reply 9

I-Am-A-Tripod

Original post by sgraham

we have had no contact with her since she moved out as she's refused it. our main issue is with our estate agents who is taking us all as a group (including her) to court for the the amount owed to him because we are all reliable because the agreement was a 'joint severance'? is this correct? or is he just trying to scare us? he has gave us a month to sort it out outside of court if we can by paying in part or through some agreed way. we are afraid to take it to court and end up costing us more money

He prob means your contract is Jointly and Severaley liable, ie if it is taken to court, you can all be pursued through court for the rent owed. I wouldnt mess around with this and potentially risk getting a CCJ against all your names for you to carry around your necks. Just put that to her, if the rent isnt paid in full, the LL will apply to take monies out of your security rdeposit anyway. Id tell her she is going to forfeit her share of her deposit and try and find a replacement flatmate as soon as poss.

Reply 10

sgraham

OP

Original post by JKGB

AFAIK a joint tenancy means that you are all reliable for the rent, meaning that if someone suddenly decides to leave and not pay then they can chase you for the rent, you'll then have to try and get the money back off the person who's left or take them to court.

Bit of information about it here: http://www.studenthousing.lon.ac.uk/looking/contracts-and-checking-ownership.html#c111

Is there any way you can get a replacement for the person who's left?

we are trying to get a replacement before another months rent is due! also they has put her into temporary accomation as soon as she went to him!

Reply 11

pandapanda

1

The whole point of having a guarantor is that if she ducks out of paying rent, they have to pay instead. I hope she signed a proper contract and that a signed guarantor form was submitted, then you'd feel that it was legally her responsibility. But all depends on the contract you signed. Check it!!

Reply 12

hippieglitter

19

If she signed the agreement is is up to her to pay her share of the rent. When I wanted to move out of my student house before the tenancy was up, I asked my letting agency and they said I would have to continue paying up the end of the let unless I could find someone who could replace me and pay.

Reply 13

sgraham

OP

Original post by Bilco

If she signed a contract before you all moved in, which you should have done, then it will say she guarantees it for a year. If she has not done this then there isn't a whole hell of a lot you can do about it, but you really should have made sure of this when you all moved in.

yes we all signed a contract, guarantor forms signed, deposits and first months rent where by her.

Reply 14

sgraham

OP

Original post by I-Am-A-Tripod

He prob means your contract is Jointly and Severaley liable, ie if it is taken to court, you can all be pursued through court for the rent owed. I wouldnt mess around with this and potentially risk getting a CCJ against all your names for you to carry around your necks. Just put that to her, if the rent isnt paid in full, the LL will apply to take monies out of your security rdeposit anyway. Id tell her she is going to forfeit her share of her deposit and try and find a replacement flatmate as soon as poss.

yes we where thinking of putting this to her because 400 is what is due and our deposits where 300 each so if she forfeit her deposit we would be willing to make up the difference...but if it goes to court what is the likely outcome for the months ahead? or will it be a vicious circle of the same events?

Reply 15

Bilco

12

Original post by sgraham

yes we all signed a contract, guarantor forms signed, deposits and first months rent where by her.

So I assume it says you are required to guarantee a period of time. Usually the first year. She has broken this.

Reply 16

I-Am-A-Tripod

Original post by sgraham

yes we where thinking of putting this to her because 400 is what is due and our deposits where 300 each so if she forfeit her deposit we would be willing to make up the difference...but if it goes to court what is the likely outcome for the months ahead? or will it be a vicious circle of the same events?

its a nasty situation. but she need to understand that if it goes to court for unpaid rent is bad news fro everyone, extra legal costs and posscible court judgemnt against you which will srew you in the future for trying to get mortgage, credit etc. The only people who dont end up out of pocket in court are the lawyers.

Your best best is find an alternative flatmate asap

Reply 17

SoulfulBoy

18

Original post by J@tko

Well she has to pay then......

Just read your agreement, it should say somewhere she has to pay until the contract runs out. Show her it and tell her to stuff it where the sun don't shine :biggrin:

What does that mean?

Reply 18

sgraham

OP

Original post by I-Am-A-Tripod

its a nasty situation. but she need to understand that if it goes to court for unpaid rent is bad news fro everyone, extra legal costs and posscible court judgemnt against you which will srew you in the future for trying to get mortgage, credit etc. The only people who dont end up out of pocket in court are the lawyers.

Your best best is find an alternative flatmate asap

Thanks!!

Reply 19

aliasunknown

12

you need to go to ctizens advice bureau or your uni(presume you are at uni) and get advice on whether you have to pay or you ex housemate has too. Also read your contract throughly and see if it says anywhere that you are liabale for her money if she leaves. Good luck!

House Mate leaves and wont pay rent!

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