Situation with flatmate & landlord

hivez

Hi all, I am in a bit of a situation here and it is actually getting quite stressfull:

Ok so I moved into a flat with a flatmate on a joint tenancy in October last year. My flatmate and I both agreed we would stick to the rent and obviously split the rent between us 50/50...

We had both made these payment fine up untill this month my flatmate did not make his side of the payment to the landlord although I did. As this is a joint tenancy my landlord is holding us both responsible for defaulting however he has seen my payment go through as I always put my name as the reference. So this being said he is holding us both responsible but has said to me in person he is happy with me and appreciates its not through my own fault I am not behind on rent.

Ok so the landlord came over last night to discuss why we failed to pay with myself and my flatmate, my flatmate gave him a bit of an attitude and bassicly said he cannot get the money till next month so the landlord would have to wait, he also then proceded to tell the landlord how he has no rights etc making the landlord very angry and just adding complication to the situation.

The landlord and I have agreed that is there is anyway out of this tenancy agreement I would like to leave and hand over my deposit to him to cover any inconvenience of my flatmate etc. However my flat mate says he will not leave and refuses to help in anyway and will bassicly sit it out untill it went to court, then in his words 'pay a quid a week'.

I am not on the landlords side with to respect to my flatmates poor attitude and the fact he has put me in this situation now as he hasnt paid. The tenancy agreement is due to run out in 3 months and I have wanted to leave long before this due to the fact my flatmate is just a total burk and I do not enjoy living with him. This is just a prefrence of my own and I have informed the landlord I would not leave as it means breaking the tenancy agreement so I will stay and pay till the last day.

Now having spoke to my landlord quite a few times now trying to help the situation he is in with my flatmate not paying, we really cannot come to any solution other than he either waits for my flatmate to fail on payment again, meaning he would then owe double what he does now. Or to try and go through the courts, which in itself would take months and my flatmate has openly said he is going travling for a year in October (chances of him ever being caught are slim)

Just wondering what you guys would do in my situation? half of my thinks I should just sit it out and see what the landlord does to my flatmate which obiviously as this a joint tenancy could have implications on me too. the other half of me thinks I should leave the property and my deposit and explain to the landlord my flatmate isnt paying up so I do not want to be involved and I am leaving whilst I am in credit, essentially breaking the tenancy agreement.

Both I and the landlord are in a weird situation in respects to me being on his side and trying to help, usually someone in my position would be on the side of my flatmate defending his side, however I feel sorry for the landlord, he does`nt have alot of propertys, he doesn't deserve not to be paid, and frankly I have paid my halfs so why should he get away with it?

So any advice would be welcomed as to what you would do in my shoes or what the landlord can do? however it seems he can do very little and the non payer wins

Thanks in advance

nomoneytoday

If you cosigned, then the odds are you are equally liable. Not just "your" 50%

Ulfar

According to shelter if it is a joint tenancy either tenant can give notice and this will end the tenancy. you can do this once outside of the fixed term.

What is more complicated is if you give notice one month before the end of the fixed term that you are leaving at the end of the contract, normally where you stay the contract rolls over into periodic but in your case you will be leaving at the end of the fixed term and the other party staying.

I would advise seeing a solicitor one who knows about tenancy law.

princeofpounds

You are kind of stuffed. Your landlord would need to follow the normal eviction proceedings I think to get you both out. He could use Section 8 initially, and by the looks of things Section 21 a month or so after that as a back-up. You could probably be most helpful by not stalling the process (turning up to court, arguing for possession etc).

I don't believe you can end the tenancy until you have both left the property (and agreed surrender with landlord if necessary, or given notice if not). So your 'friend' is holding you hostage by the fact of their occupation.

The landlord quite rightly should come after both of you for the money and not care about who has to pay it. It would then be up to you and your 'friend' to sue each other to restore the balance.

Is your friend aware of the problems they are going to cause you and between you?

One further point of interest - the landlord cannot force either of you out without a court order. But I have no idea if a co-tenant can 'illegally' evict the other co-tenant or not. What I am thinking of is basically waiting until you have an opportunity just before the tenancy ends and your 'friend' is out, then packing all their stuff up, putting it in storage, changing the locks, giving keys to LL and thereby ending the tenancy (which you do not need to give notice to do at the end of a fixed period).

Your LL can NEVER do this, nor can a third party, I'm just curious as to what happens when one party to a tenancy tries it! Probably just an academic interest but maybe someone has seen the situation before.

princeofpounds

According to shelter if it is a joint tenancy either tenant can give notice and this will end the tenancy. you can do this once outside of the fixed term

I think it only ends the tenancy if possession is returned though. So you could give notice, but the 'friend' would still be racking up a liability until the LL went for a court possession order.

Ulfar

If the other tenant stays after the tenancy has ended that is the landlord's problem. You would have ended your liability as the contract has been terminated.

At this point the other tenant is a squatter and the landlord would have to take legal action to gain possession.

G_M

Very difficult situation.

If rent arrears continue to mount up, the LL will chase both of you jointly for payment - he'd be mad to do otherwise esp as your 'buddy' is going travelling. So you'll be footing the bill.

When the fixed term expires, if the 'tenant' stays, then a periodic tenancy is created and rent continues to be due. Since legally the 'tenant' is you AND buddy 'jointly and separately', YOU will continue to be jointly liable if buddy stays, since the tenancy will not have ended.

The best and cleanest solution is to end the tenancy asap. As buddy says he'll only leave with a court order, the quickest way to do this is for the arrears to exceed 2 months - the landlord can then use the S8 mandatory (rent arrears) ground. So, assuming you discuss/agree this with the LL, you also stop paying rent. (put the rent aside to pay the LL later!). As soon as the arrears hit 2 months rent, LL starts court action. Whether this will happen before or after the fixed term expires does not matter. It's the fastest way.

LL could in parallel give S21 notice for when the fixed term expires - belt and bracs.

Once eviction has taken place through courts, you can use the set-aside rent to pay what the LL claims in back-rent.

Whether you choose separately to sue your buddy for his share....... probobly a waste of time.

Oh - I suspect you may be in the process of losing a friendship!