Problems in joint tenancy

pollythena

This is potentially an issue which you've seen time and again, but I really do need some advice at the moment.

I moved into a house last year (April) with a friend on a 12 month contract, where we are joint tenants. The first year everything seemed to go fine, apart from she's really messy (and I've moaned about it to her a lot). We had a cleaning rota where we each cleaned the house alternate weeks, but she has hardly ever stuck to it.

When we signed up she didn't have the money for the deposit/first month's rent/letting agent's fee I paid them for her. She eventually paid me back everything bar the letting agent's fee this April when her student loan came through.

Before you all start about lending money to friends is a stupid idea...yes, I know. It was to secure the house, which I love.

The house was unfurnished but because I'd lived in unfurnished accommodation before I had lots of stuff and she was happy to use my stuff - in the kitchen and living room. However, I kept everything free of clutter, on shelves and stuff.

She was struggling last year, as she's a student but wasn't getting any loan last year. To help you, I paid all the bills myself (and they are all in my name) up until September, when she started paying £100 a month standing order to try and cover what she owed me. I also lent her £1000 in August for her to pay off her university fees, which she repaid in January.

In short, she was really benefitting from living with me, and I have been more than generous.

I was happy to let the contract roll over into a month-by-month basis but she wanted to secure the house for another year, so we signed a new 12 month contract and are here until April 2011.

Of course, now it's all gone wrong. I've had to keep chasing her for bill money, and when she paid me back the lump sum she owed me from last year, she said she didn't have enough to pay the last £100 (the letting agent's fees). However, she spent the whole month getting parcels delivered from Littlewoods and Next, and she's been going out for meals, getting manicures done etc.... I was fed up of her being a leech, but because we work completely opposite shift patterns, I never saw her to sit down and discuss it.

Then about 3 weeks ago I got a text message from her at work complaining that I kept moving her stuff. Which I did...because it was all over the living room and if I wanted to sit on the sofa I had no choice to. I replied, and what I said was sarcastic but not nasty, as we'd had the conversation about her leaving stuff lying around so many times before. I also reminded her that her standing order for that month was overdue. I got a lovely, 4-text long rant in return about how my stuff was all over the house and how I never cleaned...And that the money would be in my account 'as per the standing order'.

I didn't reply, because I was so angry I knew it was a bad idea. However that weekend I boxed up all the stuff that was 'all over the house' and removed it from the shared areas so she couldn't complain anymore.

The money she owed for that month took another week to come through and I can tell by the way it's come through that it was done by transfer. I also have texts from the past few months from when I've had to chase her.

Since then I've had the cable bill, and while she's been at home all day she's been ordering films (at £3.95 each). She hasn't told me this or offered me the money. I left her a note (again, because I don't often see her) totalling how much she owed me and that I needed the money in by the end of this weekend because the bill is due and I simply do not have enough money to cover it.

Naturally, I haven't had the money, so I changed the PIN on the V+ box as I don't think she has any right to be using something she isn't paying for.

She was talking about taking a break from university this year and from conversations I've seen on Facebook it looks like she might be transferring away from Leeds (where we are) back to Liverpool next year - not that she'd told me. I suspect she intends to move home to her mums, where she can live rent and bill free.

So, that sorry tale was to give you some background on what I think is going to happen next. If she does move home, where do I stand? I can't afford to cover both halves of the rent by myself. Is it up to the landlord to chase her if she isn't paying her side of the rent? Or do I become liable for it? (I have her mum's home address if needs be). I would, of course, look for a new co-tenant but I'm worried about any intervening months.

Also, what about the money she owes me for bills, which is in the region of £300. This is for things like water, gas and electric, so I would assume that because she's been using them she is liable to pay for them? Could I pursue this through the Small Claims Court? If it helps, I have a statement from the middle of April where we sat down and worked out how much she owed me. This has her agreement to pay me the money back in her handwriting.

Thanks for your help in advance.

princeofpounds

If she does move home, where do I stand? I can't afford to cover both halves of the rent by myself. Is it up to the landlord to chase her if she isn't paying her side of the rent? Or do I become liable for it?

If you signed a joint and several AST (and you probably did, check) then it doesn't matter who the rent comes from, either or both of you can be held liable. Landlords can choose to chase the person concerned, the easiest person to chase, or everyone.

Precisely what happens depends on whether she gives notice to end the tenancy (and whether she even can yet) or just attempts to disappear.

If she does intend to abandon her tenancy (and you should try to confirm this somehow - text, writing, even photos of her cleared room - in case she tries to cause trouble later, although I doubt she will) then you have the all-clear to look for a replacement.

You should be in communication with the LL if/when she goes. Make it clear you want to remain and get another co-tenant, and agree on how that will happen. Also provide reassurance on how the rent will be covered in the meantime.

With the protected deposit, check to see who the lead tenant is. Hopefully it is you, which means you will get all the deposit back, hers included, which you can use to offset liabilities. If it is her, you have a problem.

This is for things like water, gas and electric, so I would assume that because she's been using them she is liable to pay for them? Could I pursue this through the Small Claims Court?

The person liable is the named person (or people) on the bill. Who is that? There may be a side agreement between you two to share the cost subsequently, which is a verbal contract that will need evidencing (through prior actions, documents and testimony) if you intend to pursue via small claims.

Thankfully that might not be too hard. The note is great evidence. The default assumption is likely to be sharing as you are both tenants. And she has paid for shares in utilities before.

pollythena

princeofpounds wrote: »

If you signed a joint and several AST (and you probably did, check) then it doesn't matter who the rent comes from, either or both of you can be held liable. Landlords can choose to chase the person concerned, the easiest person to chase, or everyone.

Thank you. Yes, it looks like it's joint and several. Luckily I have quite a good relationship with the landlord so hopefully if I explain the situation he should be understanding.

princeofpounds wrote: »

Precisely what happens depends on whether she gives notice to end the tenancy (and whether she even can yet) or just attempts to disappear.

She can't give notice as we are 2 months into a 12 month contract. And she can't disappear either as I know her mum's address!

princeofpounds wrote: »

With the protected deposit, check to see who the lead tenant is. Hopefully it is you, which means you will get all the deposit back, hers included, which you can use to offset liabilities. If it is her, you have a problem.

I am the lead tenant *woohoo*

princeofpounds wrote: »

The person liable is the named person (or people) on the bill. Who is that? There may be a side agreement between you two to share the cost subsequently, which is a verbal contract that will need evidencing (through prior actions, documents and testimony) if you intend to pursue via small claims.

Thankfully that might not be too hard. The note is great evidence. The default assumption is likely to be sharing as you are both tenants. And she has paid for shares in utilities before.

That's good to hear. I'm so glad I kept it now!

DVardysShadow

pollythena wrote: »

That's good to hear. I'm so glad I kept it now!

The note. Keep it away from the premises....

Jowo_2

pollythena wrote: »

She can't give notice as we are 2 months into a 12 month contract. And she can't disappear either as I know her mum's address!

Any finance/tenancy related issues remain strictly between you and her. If you need to take legal action (i.e. small claims) to recover rent arrears and bill money, you would need to issue the claim at her new residential address.

Therefore that historic family address isn't as helpful as you think if she decides not to move back to her mum's. Her mother would be in her rights to return any correspondance as 'gone away/not at this address' if she's not living there.

Also, if she is able to demonstrate to the court that she has limited or no income, you'll get a fiver a week back if you are lucky. There's little point taking action against someone with no money as any orders can't be enforced.

Perhaps instead of aggravating the relationship with petty activities, like moving belongings/restricting access to TV, you could be a bit more productive and actually head off her abandoning the property and leaving you more out of pocket and come to a private arrangement about arrears/bill money rather than go to the expense and stress of legal action.

Have a chat with her about finding a replacement tenant and organising a Deed of Assignment. This is where you,the landlord and the new tenant sign a document for the new tenant to take it over from her. Contact the agency to find out if the landlord will grant permission and how much this will cost your flat mate in terms of admin fees.

Have a chat with her about a repayment schedule for the owed utility bills, something that's affordable and that she can stick with.

orangeslimes

It sounds like you haven't actually spoken to her in person for a while and have just left notes- so maybe that would be worth doing once more as you do say you have been friends. Just tell her very bluntly that you can't keep financially covering her.

But perhaps if she did move out (after paying what she owes you) it would be for the best - if your landlord isn't an idiot he should be fine with it if someone else was found to take over the lease.
I think you should make it very clear to your friend that she has to pay her share until you find someone to take over though.

Fire_Fox

It all sounds a bit like when a (boyfriend-girlfriend) relationship goes wrong. Not spending any quality time together, each others habits getting on your t1ts, just communicating by note and text about domestic matters. Does sound like she is taking the mickey financially.

I'd focus on getting her as up to date as possible on all bills, then worry about her share of the rent if and when it comes to it. As others have said you can take her to the small claims court for any money owing, but I suspect the easiest thing will be for the rent if she moves out and defaults as she cannot claim to have paid you in cash.

Do you hate her enough to not want to spend some quality time together? If not could you text/ leave a note asking if she fancies a girly night in with a homecooked meal and a couple of bottles of wine? If the relationship continues in a relatively positive manner you have more chance of getting your cash back. :money: