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    So .. say the start of a contract was around the middle of august, 3 guys lived there.. but then one moved out almost immediately due to health problems. This then meant one of the other guys had to pay a month and a halfs rent until my girlfriend moved in right at end of september.

    My girlfriend did not move to 'replace' this guy, she had no idea about him or anything about having to pay the money for when she wasnt staying there.

    Is it now my girlfriends responsibility to pay back the rent between the time he moved out, and she moved in? Like above, there was no mention of this to her when agreeing to move in and she was not there as an actual replacement in her mind, she thought it was an empty room

    I was under the impression whoever leaves the tenancy HAS to find a replacement, otherwise they have to keep paying the rent and such. Yet, he did not, and the other housemate who paid the money until my girlfriend moved in keeps hassling her for it, saying she has to pay it and such .. because they dont want to hassle the guy who moved out because he is ill? :/

    Btw , im not letting her pay it, at all.
    But just wondering if in fact, im right, that she doesnt have to :P
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    So she didn't agree to pay the money back?
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    of course not, that's ridiculous. it's not her responsibility
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    Assuming she hasn't signed a contract obliging her to pay the back rent then no. Seems unfair that she might be expected to pay that money. I replaced someone last year in a house and wasn't responsible for their back rent.
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    No and if it does fall on anybody, that person would be the person who left before.

    He needs to hassle him, not your girlfriend.

    Check your contract, it might fall on your landlord to demand the money back from the tenant who left.
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    (Original post by TheSownRose)
    So she didn't agree to pay the money back?
    Nope.
    She moved in, just thinking it was a normal spare room. Signed all the normal contracts etc. Then the house mate keeps going on saying that he doesnt want to hassle the ill guy about the money, so he thinks she should pay it instead.
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    (Original post by Tommyjw)
    Nope.
    She moved in, just thinking it was a normal spare room. Signed all the normal contracts etc. Then the house mate keeps going on saying that he doesnt want to hassle the ill guy about the money, so he thinks she should pay it instead.
    If there is nothing in her contract about paying the money back, then she's under absolutely no obligation to.
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    With any contract you are able to give a months notice and move out.

    The situation you gave sparked off this case in my head (which I am probably citing for the wrong reasons): Central London Property Trust Ltd. v High Trees House Ltd [1947] KB 130. Here a tenant could not pay the rent, so the Land Lord picked up the other half, when people started moving back into the property, the land-lord demanded that the tenant pay back the money he had subsidised. It was held that the tenant had no agreement to pay back to the Land-lord due to promissory estoppal.
    That basically means stopping someone from going back on what they have said. Apply it as you will. Of course, without know if there was any promises/contracts between the two involved, it's hard to apply this for you.

    You can look into it further here: http://en.wikipedia.org/wiki/Central...rees_House_Ltd and http://www.lawstudentforum.co.uk/cas...td-1947-a.html. Please note: The above is a VERY summed up version of the case, didn't want to go into too much detail to avoid a bore.

    But more to the point, it doesn't sound as if she is in any legal obligation. Moral implication, yes, as she is living there rent free, and it wouldn't be hard for someone not to raise a legal suit against her, on grounds of living there freely.
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    (Original post by Infuse)
    But more to the point, it doesn't sound as if she is in any legal obligation. Moral implication, yes, as she is living there rent free, and it wouldn't be hard for someone not to raise a legal suit against her, on grounds of living there freely.
    May be wrong, by the way I've read it, she's paying now ... but they're asking her to pay for the month between when the previous tenant moved out and she moved in.
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    (Original post by TheSownRose)
    May be wrong, by the way I've read it, she's paying now ... but they're asking her to pay for the month between when the previous tenant moved out and she moved in.
    Makes more sense actually.

    Then, no, she has not a single bit of legal obligation to pay back that money.
 
 
 
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