CCJ's and new utility payments...

Sille

Hi all for a start. I'm new here and was directed here by a friend for advice on this. I'm really sorry if this in the wrong forum. I've tried doing a search too via forums but I've been unable to find an answer.

Basically, I'm meant to be moving into a flat with my best mates brother next week and the reference checks have come back. Mine are all perfectly fine and it's been discovered that he has a CCJ against him for over £1800 for a parking fine. I do also know that he declared himself bankrupt 5 years ago, but he's working a well paid full time job now and I was happy to give him the benefit of the doubt.

We'd discussed (before I even knew any of this) that I'd have the rent come out of my account every month (both our halves) and he'd pay the utilities, with me contributing my half, as I didn't want the full whack coming from my account.

Now however, that I've discovered that he has this CCJ - will this affect him being the named person that pays the bills i.e. Gas/Water/Electric? Also would it be at the landlords discretion to take on a tenant with this kind of history or is a legal ballgame? Finally, will this put a mark against my name if everything does go through ok, by association?

Many thanks for any advice or help you're able to give! Sorry if these seem like really stupid questions, its the first time I've ever moved out or had to deal with something like this.

DarkConvict

The landlord has the final say regardless, you could have a clean credit history and even pay a deposit, the landlord can still pick someone else. I've seen it happen several times.

Whoever is named on the account is responsible for the bills to be paid, if you are jointly named on the bills you can both be chased for the full amount, there is no 50/50 split if the bills go unpaid. Utility companies won't care about his credit history as so long as he is paying the current bills ontime, they have to provide the service.

Now if the bills do go unpaid, not saying they will, but...
Who pays the bills doesn't really matter, if bills go unpaid they will just chase the named account holders. I took a risk at my old house and had everything in my name given i was already living their, thankfully no issues, but if possible get everything in joint names at least so he can't run up a bill and do a runner without any consequences. None the less if he refuses to pay you may find you end up paying 100% of the bill simply because your willing to pay and he isn't.

Outstanding CCJ is a big black mark, and may get him rejected especially if you are not the only people after this house.

Sille

Many thanks for your reply. Sorry I've not said so sooner.

We lost the flat anyways we were due to move in next Saturday! They estate agent basically wanted everything to go in my name and wanted an additional £2000 odd.

Their suggestion was for the tenancy to be in my name and my mate as a like named person there (not technically sub-letting) they take the £2000 as a kitty. I'd had my max rent outgoing as £725. They would've taken that from my account every month then taken money from the £2000 kitty to top up the rent to £950, but there was no way me and my mate could find an addtional £1k each in a week, so I had to sadly it let it go

Thank again though for your advice and information!

NeverEnough

It may be a real struggle to find a rental if a tenant has a CCJ....clearly the estate agents / landlord wanted you to take all the responsibility although your friend was allowed to live there, and I think that's the response you'll get at most places:(
You either need to save up for a much higher deposit (like the £2K extra they wanted) or take on all the responsibility yourself, which does put you at risk if your friend defaults again. Its not an easy choice. :eek:

Sille

Many thanks for your reply.

Out of curiosity...

He's called up the courts and they've called around a number of companies that were relevant to the case and none of them are taking responsibility for the payment. He was told by the courts that he can, if after 30 days nobody has come forward, can pay £15 for a letter of satisfaction. The CCJ will be on his file for 6 years however, unless he pays an addtional £75 to go to court and get a judge to (at their discretion) wipe it off his record, but this could take up to 2 months. Would he be able to do that after he gets the letter?

If he gets that letter of satisfaction and we tried again in 30 days to find another flat, would the CCJ still be held against him? Baring in mind nobody claimed it, he has the letter of satisfaction and he's in full time, well paid work too? Would it still mean everything would have to go in my name as he's seen as a risk?