Housemate Dropping out of Joint Tenancy Agreement

Ingah

A housemate has just (earlier today) text all of us to say that he is dropping out of our house (joint tenancy, 4 of us including him), only just over a week before the next payment date for rent. He then came down to the house, showing someone round! He's given vague reasons for all this, and so we suspect he's just trying to save himself a few bob and/or has simply changed his mind about living with us.

He hasn't actually moved in (we all got the keys at the start of the month, which he was there for), but by the same token we can't really afford the extra rent for dropping down to a 3 - we'd taken the house with 4 of us in mind.

He's paid his rent over the summer period and this is the first we've heard of it. He has a guarantor and so pays rent monthly. All payments come out of a joint non-financially linked account which takes 2 people to operate (so at least we don't have to worry about him withdrawing our rent, but this also means that we won't have enough in it to cover the direct debit for rent unless he puts it in).

We said we'd find another housemate that we're happy to live with, but he's said that the person he showed round is very interested (i wasn't there, i don't even know this person's name, let alone if they're suitable) and we have to find someone before rent is due else we'll all be in a mess with the estate agent (i therefore assume he has no intentions of paying his rent). And he dropped in that he has a solicitor. :eek:

I'm going down the CAB later this week to get further advice, but i was hoping for ideas here. Personally, i'm happy to allow him to be replaced, but i'm not willing to pay his rent for him, or to live with someone that's could cause me/us issues (especially if this new person is a thief, extremely loud (i'm doing a rigorous science degree) and/or backs out too, as by that time they'll be no one else to turn to for the rent and we'll be stuck with them and whatever problems they bring with them.

I'm also concerned about liability for the rent as it's a joint tenancy. I figure that we could all pay by an alternate method if it comes to it, and then we can explain that he's the one that's not paid... and let them take us to court, where we can prove that we've paid, thus getting us off the hook for his rent, which he can clearly cover, but just doesn't want to.

keithdc

What does your contract say....
- Are you individually liable for your share?
- Or, more likely, are you all jointly liable for the rent?

Bob_the_Saver

Dropping out of Joint Tenancy Agreement

Does it say he can? You can drop out of a plane or a high building but the idea of a legally binding agreement (for what it's worth) is you can't.

Blacksheep1979

fair chance you're all jointly and severally liable so yes, in theory, you all go to court and the judge makes him pay but if neither he nor his guarantor can be found the landlord will probably do the easy thing and come after the remaining tenants.

Is his guarantor a parent? Have you got their details? If so I'd maybe perhaps play some scare tactics on them and let them know they're liable for any rent he doesn't pay - they may not know he's doing this.

Ingah

"Where a party is two or more people, their obligations and liabilities under this agreement, are joint and several" (from the rental agreement).

Guarantor is his parent (Assuming they don't disappear off the face of the earth somehow). Suspect his parent is encouraging him to drop out of the house. Guarantors have to be home owners though, so we've hopefully got him if needs be.
Don't have any contact details for the guarantor, the agency probably does though.

There is no get-out clause in the agreement, he's simply trying to make one by threatening to avoid payment.

melancholly

he can't just walk away - he needs to continue paying until someone else is found (and i think you should all have the right of veto over someone else moving in, especially if the rooms don't have separate locks!).

since he's threatening a solicitor, i suggest you reply in kind! ask for all correspondence to be in writing (a text isn't really appropriate) and copy all correspondence to his guarentor. it is incredibly rude (at the very least!) to be bringing someone else to look around at the same time as telling you all he wants to leave. i think he is due a reality check on his obligations (as well as on what is socially acceptable!) - removing his name from the account will be a pain in and of itself!

what bills are in what names? are there any other implications of his moving?

nimbo

is he allowed to fill his spot with someone else or would this be illeagally subletting his room???????

i think you need to be careful - you don't want to end up carrying the can if he breaks the rules.

PS good luck. chocolate and wine help for stress...

amber24_2

This happened to my daughter and housemates last year. The housemate who dropped out also tried to find a replacement (who lasted two weeks and didn't pay any rent). Then they found their own replacement who refused to pay rent until the original girl had paid up to date.
The landlord contacted all the guarantors by letter about it, but I felt was quite understanding when we explained what was happening and that everyone was aware and trying to make contact with the original girl.
Eventually, she did pay up and the replacement went to the agency to pay her deposit and become the new named tenant on the contract.
It was a worry and a hassle, but it was eventually sorted.
I'd be surprised if your housemate who has dropped out would want to involve a solicitor, after all he is the one who has broken the contract.
Good luck with finding a replacement and a speedy resolution.

Jowo_2

The Shelter website has good info on how a joint tenancy operates. Speak to them if you can't get an appointment with CAB.

The tenant's non occupation is irrelevant. Let the landlord know. don't be bullied into accepting a flatmate imposed on you. It may be that the landlord or agent will only accept the replacement tenant once they've screened them or their guarantor for suitability, will expect the outgoing tenant to pay rent until the new tenant is in place and may bill the original tenant admin fees to alter the tenancy. It's just as much the landlord's decision.

It is important that the tenants understand that a joint tenancy operates like there is only one tenant in place - one person's arrears is everybody's arrears. Yes, the non-payer is responsible at a personal level, but at the legal level, the individual is irrelevant. The contract demands that £x rent is paid on x date. The other tenants don't get off the 'hook' in court - the contract holds all responsible! The personal informal arrangements you make between each other to pay a certain proportion of the rent and bills each has no bearing on the overall contract which requires £x rent to be paid on x date and who pays/doesn't pay is irrelevant to the landlord and the contract.

It may be the case that the landlord will pursue the outgoing tenant for his arrears via the guarantor or that the other tenants must pay the missing rent and take legal action against the tenant to recover the money owed.

artybear

We had this situation too, it dragged out over a whole year and was a pain. We had to eventually go to a small claims court as the person in question didnt pay rent for the last three months and so the estate agents took our deposit to pay it. We got all the money back in the end.

In regards to finding a new person to rent the room. We went to our student welfare and they advised that although we should accept a new tenant we were well within our rights to turn people down too, for example as we were all non-smokers (and two with asthma) we could turn down a smoker, if we were a group of girls we could turn down a male on the grounds that we hadn't signed up to a mixed sex house etc...It depends on what you are comfortable with and Welfare advised we should really only accept someone that we really were happy with, and not be pressured by the person who had let us down.
HTH