Flat mate taking the P...

Mischa8

Lish wrote: »

Hi Guys,
Just a little update for you.
SO...... I got home from work on Friday and happily parked my a*s on the sofa infront of the telly and after a couple of hours I had the munchies so I went to the cupboard and helped myself to a packet of crisps. Hmmm, I thought, somthing looks odd in here but I cant figure out what it is?...
I had a nosey in the fridge and the top two shelves (hers) were empty so I looked in her food cupboard- they were empty too?......
Then I walked into the hallway and checked her bathroom, that was empty! Then after knocking on her door with no answer I checked her room and that was completely and utterly empty too! She has done a runner whilst I was at work!!!! Can you believe it?!? :T

Obviously it being a Friday eve, I havent been able to get in touch with the LA so I have no idea what the hell is going on? I have sent the LA an email asking them to find out whats happening and call me today so waiting for a call as we speak....!

So I enjoyed a glorious weekend in my apartment, atmosphere-free and having the freedom of wandering around in not much on (hehe) as it has been the weather to do so!

My only concern is now, she still owes me for last months bills and I dont quite know how it's going to work from here on in??
We signed a joint tenancy with seperate contracts (identical) with her mum being her guarantor and my mum being mine, we have a break clause giving us a chance to hand our notice in at 4 months to leave at the 6th month, I assume she will still have to pay rent until this time?....
As for council tax, does she have to pay that too until the tenancy ends? What about the water rates? As these are billed quarterly? she may argue that she's left before the end of the lease period but you could, in effect charge her for them.

Can anyone advise me what to do about her owing me money for last months' bills and how to get the money for this months' bills too which are due any moment?

Sorry for all the questions but I am clueless!!!

I had been wondering about this and had been more concerned about the flatmate being violent etc!

Re: tenancy agreement from my experiences. She's broken the contract with no notice being given so I assume the LL/LA will be chasing her for any outstanding rent. Unless, she HAS given notice but unbeknownst to you. A call to the LA/LL is in order from YOU as co-tenant ASAP to check if she's been in touch with them.

Either way - she's broken the agreement - not given the adequate notice period. Now, where are you exactly with the break clause, are you the 4 months figure so she could leave at the 6th month (in 2 months time?)?

I would assume that yes, she does need to pay rent until that time. Is there ANY possibility at all that you can advertise this room, through Gumtree etc as short term let (until end of 6 month lease) so at least rent/bills are covered and come to arrangement with LA/LL, because they may well hold you liable as co-tenant.

Water bills from my experience were quarterly.

It looks like she has financial problems and maybe work/lifestyle problems (as I mentioned before) - I think for the rent you should be covered as her mum's her guarantor and vice versa. Bills however are a different story. But like I said in para above - although she does need to pay rent and would be chased for it then it seems her mum would be liable as guarantor.

Whose names are the bills in for utilities, yours or hers? From my experience they were just addressed to one person (with me, previous flatmate) and we just split the bills. Maybe small claims court would be best to recover these.

Your council tax should be separate bills so you should pay these separately - I am unsure about these being paid until end of agreement, but they may chase you for these... again, a call to them would be in order, to explain whole situation.

You need copies of all bills/letters/TA etc and if you have phone calls with them make notes and keep copies of it.

Her mother may kick her DD to the kerb and demand DD pays all that is owed, or mum may kindly pay outstanding debts (which is what they would be) and come to arrangment with her DD for repayment.

But you never know the sob story co-tenant has relayed to her mum. Whatever you do, you don't want to antagonise both of them and have mudslinging arguments as then you may as well whistle goodbye to money for outstanding bills etc.

The other thing which staggers me - did you know this girl beforehand (excuse me for not keeping up to speed with all the info on this thread!) or not, weren't references needed for LA/LL? She seems to be completely irresponsible, running off when things don't go her way and/or when she runs out of money. But as you know, we're living in the real world here.

what I'd also do (maybe first and foremost) is play the understanding flatmate - ring, pay her a visit at mum's house (or arrange to meet at Starbucks etc) to see what the problem is. If you approach this calmly, she may move back in (not what you want but if it gets bills/rent paid then maybe this is good short-term solution), I would not email/write letter/threaten with legal action because, if I were her and this seems her attitude, I'd run for the hills. Not meaning to sound nasty but we have only heard your side of story from here, it takes two to tango.

I really hope you get this sorted out! You really have my sympathies.

Mischa8

RAS wrote: »

She can move the TV licence and I suspect that you are going to find it impossible to get the money for bills unless her mother is kind enough to pay.

Get hold of the council today.

have you spoken to the LL?

Did she at any time "pay" any of the household bills from her accounts, you giving her money and her paying for you both. if so, check that she has actually paid them, not run off with your money.

Your LL will be in a bind. Legally, even if she has moved out she is liable for the rent, but not any other bills. She can come back any time sahe wants at the moment. The LL cannot move anyone else in until she advises them that she has abandoned her tenancy. So you are stuck with half the rent and all the bills.

Speak to the Council today about the CT. Bear in mind that if she has not paid, you are liable for the whole amount.

RAS - you've covered this far better than I have. ime from CT we had ours in separate names (I think) and only got into difficulties when my co-tenant hadn't kept an eye on what had been paid in the past and we were in arrears, whenever she spoke to council she panicked and paid more money but I feel now (having paid council off through flatmate) that the arrears could have been to do with previous tenants....

I would assume though that although bills can only be in one person's name (ime) that both tenants would have paid them and not just trusted the other not to pay them. :eek:

Mischa8

RAS wrote: »

She can move the TV licence and I suspect that you are going to find it impossible to get the money for bills unless her mother is kind enough to pay.

Get hold of the council today.

have you spoken to the LL?

Did she at any time "pay" any of the household bills from her accounts, you giving her money and her paying for you both. if so, check that she has actually paid them, not run off with your money.

Your LL will be in a bind. Legally, even if she has moved out she is liable for the rent, but not any other bills. She can come back any time sahe wants at the moment. The LL cannot move anyone else in until she advises them that she has abandoned her tenancy. So you are stuck with half the rent and all the bills.

Speak to the Council today about the CT. Bear in mind that if she has not paid, you are liable for the whole amount.

Just another point - re: *at the moment she can come back at any time she wants at the moment and LL cannot move anyone else in until she advises them that she's abandoned her tenancy*.

I had the above option when I wanted to end my 6 month tenancy early - I was advised to stay put, not move my belongings out of the flat and stay there as and when I wanted to. So I did just that.

You really need answers and SOONISH as to whether she's abandoned her tenancy or not. And if LA/LL can't provide this, then yes, get hold of her and ask her. She needs to grow up and provide answers/solutions as I said.

I think, also according to above answer, that if she hasn't paid CT then you're liable for whole amount, but then again (and I know this is a pain, I actually had to go in person to council offices as phone calls got me near enough nowhere) if you speak to council you may get a sympathetic response/advice.

AbbieCadabra

is it really a good idea to be trying to contact her Mum/guarantor?

sorry, but it's the last thing i'd be doing in these circumstances. you have no idea what you could be getting involved in. if i've understood correctly, you didn't know her before you moved in together & you've got no other relationship with her. i would expect (& want) the LL/LA to be dealing with this aspect.

mr_fishbulb

AbbieCadabra wrote: »

is it really a good idea to be trying to contact her Mum/guarantor?

sorry, but it's the last thing i'd be doing in these circumstances. you have no idea what you could be getting involved in. if i've understood correctly, you didn't know her before you moved in together & you've got no other relationship with her. i would expect (& want) the LL/LA to be dealing with this aspect.

The LL/LA won't be worried about who is paying the utility bills though. I don't think they would be useful in chasing up the absconded flatmate for her share.

sonastin

There is nothing to say that she has broken her tenancy - unless keeping property in the flat is a condition of the agreement? Just because she has moved all her belongings out doesn't mean that she isn't going to continue paying her rent until the 6 months is up. From her side of the story she might have decided that she couldn't bear living with the OP any longer and it was just easier to find somewhere else to live with whatever financial consequences that brings for her.

Unfortunately, that doesn't resolve the questions of a) outstanding monies owed for bills and b) future bills that will be more expensive if the OP faces them alone. If she is gone for good and the LL can find a new tenant, that is probably best all round but if that doesn't/can't happen, I think OP is in for all future bills until the end of the tenancy. The money she owes from when she lived there should be recoverable as a debt, I think.

poppysarah

I'd have moved out and called the police.
Horrible situation and I hope the OP gets sorted.

I think the LL and LA need bringing up to speed urgently.

AbbieCadabra

mr_fishbulb wrote: »

The LL/LA won't be worried about who is paying the utility bills though. I don't think they would be useful in chasing up the absconded flatmate for her share.

i know the LL/LA wouldn't get involved with sorting the utility bills etc. but if this is a case of her doing a runner & breaking the tenancy, they would try to pursue her for the remaining rent wouldn't they?

poor OP, dodgy flatmate now gone, but left with a load more problems for sorting!

Ulfar

I might have missed it but is the OP subject to joint liability for the rent.

If you are then the letting agent and landlord aren't going to worry too much about this tenant doing a bunk as they will come after you as the easy target.

I have shared a property before with friends and it didn't end well, I would never share with strangers if we were subject to joint liability.

As for the utility bills the guarantor has no responsibility for them as they are acting as a guarantor for the Landlord, not for you.

Fire_Fox

LISH if there is any chance your flatmate still has a key she is still legally able to gain access and you should still take steps to secure your property. You will not be insured if she comes back and nicks your stuff and you won't be able to prove it either.

IMO the advice to contact the guarantor is very poor. You have NO professional relationship with the mum and she has NO liability to you. Contacting the guarantor might be a breach of data protection and might be deemed harassment. Get the letting agency to get a proper forwarding address for your housemate, then you can take her to the small claims court.

Please start communicating with the letting agent or landlord in writing so you have a paper trail of the actions you have taken and what they have agreed or refused to do on your behalf. It may not all seem relevant now but could be useful in case of a deposit dispute or small claims action.

As joint tenants you will be liable for the FULL rent if she does not pay, if you do not pay it is not likely the guarantor will be asked to pay until the tenancy ends and there is still arrears. By all means continue to pay your half if you cannot afford the full amount. I would suggest you serve your notice to quit ASAP and get confirmation, make sure you can be out of the tenancy at the six month point as this removes your liability for the full rent.

Liability for the bills is more complex, I would certainly claim the 25% single occupancy discount, also read the meters immediately and give the readings to your supplier. Whoever is named on the utility bills is legally liable to pay, but you may be able to claim some of the money back from your ex flatmate.