leaving a rented flat, rent and bills not fully paid

billthebull

Hi, I hope some one with legal experience can help?

My son has been sharing a flat with a mate from Uni for just over two years. A joint contract was signed by both of them on take up with regard to the rent, approx £350 per month each, this was done through a letting agency.
The C/tax and power bills were also taken out in joint names and were to be paid 50/50 as per the rent. Rent and bills although in joint names were paid via one bank account, my son giving money to the other tenant to pay the bills via his account.

A couple of months ago my son decided to move in with his partner and move out of the shared flat. However when he approached the letting agent to advise them that he was moving out and not renewing his side of the tenancy contract. he was informed that he would not be able to do this, as the other tenant had been in arrears for his side of the rent for a several month period. (approx £2000)To make matters worse when he contacted the power company a similar situation existed. This had apparently happened for about 6 months when the other joint tenant had been unemployed.
The letting agency are well aware that it is not my son who had not paid his side of the rent, but are still saying they will not except any notice to leave the premises until the full back dated rent is paid in full. They have threatened to take him and the other tenant to Court if the full backdated rent is not paid prior to him or both of them giving up the tenancy.
I would understand it if they said the other guy had to be paid up before he could leave, but can they put the same demands on my son if, as they have stated his side of the rent is up to date. The contract makes no mention of the course of action the letting agency are making threats to take.
I've asked him to try and get some legal aid advice but in the mean time can any legal eagles reading this pass on any words of wisdom.
Many thanks.
The bank of mum and dad

BitterAndTwisted

What is it about a joint-contract that your university-educated child does not understand? Both parties are jointly-liable for the whole of the debt/s. Where one party has no money, the other party will be expected to cough up. Time for your kid's Uni chum to start flogging everything they own on ebay and get a second job. Now.

tizhimi

BitterAndTwisted wrote: »

What is it about a joint-contract that your university-educated child does not understand? Both parties are jointly-liable for the whole of the debt/s. Where one party has no money, the other party will be expected to cough up. Time for your kid's Uni chum to start flogging everything they own on ebay and get a second job. Now.

I disagree with this, I had this happen at Uni and the tight fisted girl was soley responsible for her debt as we could prove that we had paid our share of the bills. On the other hand I heard a horror story of this happening and the tenants just "accepted" the bills and paid up and didn't fight it. (I had just about every tenancy nightmare you can imagine as a student.)

DVardysShadow

billthebull wrote: »

...
The letting agency are well aware that it is not my son who had not paid his side of the rent, but are still saying they will not except any notice to leave the premises until the full back dated rent is paid in full. They have threatened to take him and the other tenant to Court if the full backdated rent is not paid prior to him or both of them giving up the tenancy.
I would understand it if they said the other guy had to be paid up before he could leave, but can they put the same demands on my son if, as they have stated his side of the rent is up to date. The contract makes no mention of the course of action the letting agency are making threats to take.
I've asked him to try and get some legal aid advice but in the mean time can any legal eagles reading this pass on any words of wisdom.
Many thanks.
The bank of mum and dad

Son should give notice and move out if this is what he wants to do. He does not have to be paid up, they cannot keep him there racking up a debt after he has given notice. So he needs to send notice in a verifiable form, leave and sort out the debt by whatever means. Certainly he should not stay there, as this will keep him liable for the other tenant's rent all the time he does not give notice.

Probably time to send a letter before action to the other tenant - and then go via small claims court - the sooner the better, while you know where he is.

tizhimi

DVardysShadow wrote: »

Son should give notice and move out if this is what he wants to do. He does not have to be paid up, they cannot keep him there racking up a debt after he has given notice. So he needs to send notice in a verifiable form, leave and sort out the debt by whatever means. Certainly he should not stay there, as this will keep him liable for the other tenant's rent all the time he does not give notice.

Probably time to send a letter before action to the other tenant - and then go via small claims court - the sooner the better, while you know where he is.

Yep if your son serves him now then he can't magically go missing if your son has to pay up.

billthebull

Hi again,
Just to get this straight.
1, My son should give notice in writing ASAP to the letting agency.

2 Take action against the other tenant ASAP via the small claims court to recover half the debts that the other tenant has not paid and take this action before the letting agency decides to put wheels in motion themselves to recover the debt from one or both of them?

BB

cooltt

Hi Bill
This happened to me recently, i went to every man and his dog for help, CAB, solicitors etc the advice was the same.

1. Notice to move out asap to agency.
2. If any utilities in flatmates name no problem he's liable not your son.
3. Any utilities in your son's name, pay outstanding bills then close account. If his flat mate wants gas, elec, sky tv etc then he'll have to set up accounts in his name.
4. This is the worst one. When your son moves out pay all of the rent arrears then serve his flatemate with county court N1 form, notice of your intention to take him to court to recover your money.

It's a horrible lesson to learn but when a contract is in place with both names on it's the only way out of it. You don't want the agency taking your son to court, he'll lose and have a CCJ against him.

vaporate

I have first hand solid experience so if you may?

Your best chance is to seek legal advice and to read through the signed contract to see if there is a 'get out clause'.
If there is a get out clause it can make the contract become void and no longer enforcable, thus no payment.

That may be your best bet. Trust me on that one.

DVardysShadow

billthebull wrote: »

Hi again,
Just to get this straight.
1, My son should give notice in writing ASAP to the letting agency.

2 Take action against the other tenant ASAP via the small claims court to recover half the debts that the other tenant has not paid and take this action before the letting agency decides to put wheels in motion themselves to recover the debt from one or both of them?

BB

Yes. 2 may be difficult, because it requires some proof that there is money owing so I would go about it like this:

1. Serve a letter before action on other tenant to either produce reciepts for all rent or to return all monies paid by son
2. Serve notice of Termination of tenancy on LL or Agent and advise that it is understood that money is still owing and require a full statement of amounts owing by end of tenancy.
3. Take other tenant to small claims court for amount paid by son and ask for order to cover any further amount son must pay under joint and several liability, to be for LL's benefit

The reason for 2 is twofold. Firstly it provides the evidence that a sum is due for suing the other tenant. Secondly, it puts the agency on the back foot in terms of a claim against son for other tenants dues - either they provide evidence for son to be able to sue or they look bad sueing son for other tenants dues, without giving son proper assistance to make other tenant pay up.

The reason for suing the other tenant is to get a court order while he is in one place - enforcing it may be another thing, but anything which can be recovered is good.

billthebull

Thanks for all the responses. Going to get the contract emailed to me so I can run it passed a legal Eagle(just for the hope of a get out clause)and advise no 1 son to give notice to quit. failing that its bite the bullet time as cooltt pointed out and five numbers on the Euro lottery.

cooltt

vaporate wrote: »

I have first hand solid experience so if you may?

Your best chance is to seek legal advice and to read through the signed contract to see if there is a 'get out clause'.
If there is a get out clause it can make the contract become void and no longer enforcable, thus no payment.

Extreamly unlikely. Agencies act on behalf of land lords they cannot afford to mess up a basic tennacy agreement.

Having recently paid over £1000 for a flatmate's unpaid rent i too have solid first hand experience. Believe you me i went to 3 different solicitors who specialise in tenancy disputes, the advice was the same from all three. I'm sure if by some slip up on the agencies part there was a get out clause, the OP's son would have found it by now.