Small Claim Against Housemate For Rent & Bills?

shoesandsocks

Hello,

I am looking for some advice on whether it is worth taking an ex-housemate to a small claims court in order to try to recover unpaid rent and bill money.

Here is some history/background information:
The ex-housemate moved in with myself and my friend on 1st April. He signed a 6 month tenancy agreement. The tenancy agreement was through an agency and the three of us signed to be jointly responsible for the whole amount of rent. The full rent is £975 per month but the ex-housemate's agreed share of this was £250 per month.

I also wrote up an agreement for bills, which was signed by the ex-housemate, stating that he would be responsible for paying £120 per month, by standing order, to cover his third of all household bills. Therefore the ex-housemate's total responsibility was £370 per month - £250 directly to the agency for rent & and £120 directly to me for bills.

From 1st July the ex-housemate stopped paying rent and bills and pretty much disappeared from the house. He now owes £1100. However, he still kept in contact by phone. The reason he apparently had no money was due to a series of unfortunate events - first he had been a victim of fraud and had all of his money taken from his bank account. Then he lost his job. Then he got another job but his boss refused to pay him. Then he was ill...the list goes on...

At first, I gave him the benefit of the doubt and trusted that he was an honest person and was genuinely having temporary difficulties, and that he would pay eventually. He repeatedly told us that he would have the money, 'in a few days time' or 'in a couple of weeks'. By September I was beginning to realise that he probably had no intention of paying.

I also came across evidence to suggest that he had been lying to us about his situation over the previous couple of months - I believe he was working and was being paid when he said he was not. He also said that he was staying with a friend who was helping him out whilst he had no job. However, his Facebook profile seems to suggest that he was having a housewarming party at a new place. I therefore think that he just decided he wanted to move out and live with his mates instead.

(In fact, shortly before he disappeared, he asked me when the contract was due to end, as some of his mates were moving in together. When I said he was tied in until the end of September, he said, 'oh well, I won't move in with them as it doesn't make sense paying two lots of rent.' It appears that he changed his mind...and instead of telling us the truth, he made up a series of excuses for not paying the rent/bills...)

The ex-housemate is no longer talking to me in a civil way - the last couple of times I have managed to get hold of him on the phone he has shouted at me for 'hounding' him (I would not consider phoning him at weekends to find out his latest situation, hounding...!) He has now told me that I can forget about having any of the money he owes me because he is so angry with me...

Since this, I have sent him a couple of emails (and texts telling him to refer to his email) saying that I am going to start proceedings to take him to a small claims court unless he contacts me to arrange to pay some of the money within 7 days. (It has now been 2 weeks since I sent the 1st email, so I have given him plenty of time).


Current Situation / My Questions:
I now want to find out a bit more about the process of actually going ahead and starting a small claim. There are a few points that are bothering me:

1) I don't know the ex-housemate's new address. I have asked
him to supply his current address but he has not done so.
From a little searching on google, I am under the impression
that I can raise a claim using his 'last known address' (which
would be our address). Is this correct?

2) If I did this, obviously the ex-housemate would not respond,
as he would not be likely to come around to pick up the mail. If
he doesn't respond within 4 weeks then I think I win the case
by default? Would this be correct?

3) The other thing that is worrying me is that I am going away
traveling for a few months from 17th October. Therefore I
won't be in the country to appear in court etc. if I need to be?
Do I need to be physically present to follow everything
through? I assume if I win by default then there will be no
need to go to court anyway. But if I am required to go to court
that could obviously be a bit tricky. Can I nominate someone
to go to court in my place?

4) If I win then I understand that doesn't mean the
ex-housemate will pay. I will need to enforce the judgement.
How likely is this to be successful? Will it cost me further
money to enforce the judgement? I have seen that one
method of enforcing the judgement is by having an amount of
money deducted from the ex-housemate's salary each
week/month. However, the ex-housemate does
construction/building work and I know that he does not work
directly for his employer - he is paid through an umbrella
company I think - so technically I guess he is self-employed -
does this mean that this method of enforcing the judgement is
not possible?

Sorry about the long post. If you have managed to read all the way through to the end without getting bored, then I hope you can offer me some advice/guidance on what would be best to do/whether it is worth the effort of pursuing this...

chris_m

shoesandsocks wrote: »

1) I don't know the ex-housemate's new address. I have asked
him to supply his current address but he has not done so.
From a little searching on google, I am under the impression
that I can raise a claim using his 'last known address' (which
would be our address). Is this correct?

2) If I did this, obviously the ex-housemate would not respond,
as he would not be likely to come around to pick up the mail. If
he doesn't respond within 4 weeks then I think I win the case
by default? Would this be correct?

Don't know about the rest of it but I'd be very surprised if you were to "win by default" having served notice to him at your address. Granted it is the last address that you know of for him, BUT - YOU know very well that he's not there and are not in a position to forward mail. I doubt that a court would look very kindly on a plaintiff serving notice to an address that they know will ensure that the notice doesn't get to the other party.

I suspect that the "last known address" aspect is there to allow for a new occupier of an address to forward mail to the old occupier, which will probably occur in the majority of cases but which you are not in a position to do.

shoesandsocks

I am not doing it to 'ensure that he doesn't get it' - I have made every effort I can to get an address for this person. But they refuse to give it to me.

I have repeatedly said that to him that I want his address so that I can give him a chance to respond and defend himself...

I have also told him that if he does not provide an address I will use the 'last known address'

So I really don't think there is anything underhand in doing this.

lynzpower

He signed a 6 month tenancy agreement. The tenancy agreement was through an agency and the three of us signed to be jointly responsible for the whole amount of rent. The full rent is £975 per month but the ex-housemate's agreed share of this was £250 per month.

I take it your contract says you are jointly and severally liable...?

As all my ASTs have done in the past....especially when sharing....

G_M

I agree with chris_M. Without the ability to serve Notices on him I think you on a loser. Even if you get him to court I'm not sure you can claim the rent. He does't owe it to you. His contract was with the landlord.

Finally I suspect that enven if you get him to court, and the judge allows the hearing to proceed, AND you win, you then have to get the money out of him.

He sounds a wily customer and doubtless will convince the judge (as he did you) that he is jobless, homeless etc and the judge will order him to pay £10 per week.

And even THAT he won't pay - forcing you to pay out yet again on bailiffs or whatever.

You are on a hiding to nothing. The only reason to continue is out of anger and a desire to 'get him back' at all costs, but recognise it will cost you a lot to do so not just financally but in time and stress too.