Taking a housemate to court over unpaid bills and rent.

Big_Shaun

BigAunty wrote: »

Absolutely not - this is between you and the flatmate, not his family or employer (unless in the latter, you win the court case and then decide to enforce it via an attachment of earnings which can still be thwarted by the defendent by simply changing jobs). It has to be their residential address. Did he skip out early from the contract or did he serve correct notice?

What you could do is leave it a few months and then pay a small fee to a tenant tracing service who may be able to uncover his new address, even though he will invariably not put himself on the electoral register which is the main way people are traced.

He skipped out a month early leaving a total of 400 quid owing to the landlord which I've told her I'd cover to keep her happy.

G_M

I disagree with some of the above responses.

Yes, the OP must pay the utilities bills if they are in his name.
And yes, the OP must pay the full rent as the tenancy is "joint and several".

So that takes care of liability between OP and utilities/landlord.

But that does not affect the agreement/contract between OP and housemate.

There is a contract between them that each will contribute towards those bills (equally?).
Yes, it is verbal, which makes proof more problematic.
However I am sure a court would look sympathetically on a claim. It is almost universal that where joint tenants share a property, they share the bills, so a claim for a share of the bills would have a good chance of success.
The difficulty I foresee would be if the house mate claimed he had already paid his contribution, since these payments were always made in cash.
Were receipts issued for these cash payments? If so, and the housemate was unable to produce a receipt for the final payments (the dispured) ones) then that would strengthen the case. But if no receipts were ever made, it becomes a simple 'his word (I paid) against your word (you didn't)' dispute.

Were there any other joint tenants or was it just the two of you? Any other potential witnesses?

And yes, to take legal action you'll need his current address.

BigAunty

Big_Shaun wrote: »

He skipped out a month early leaving a total of 400 quid owing to the landlord which I've told her I'd cover to keep her happy.

Does anyone know if the OP can serve the papers to the current address if the tenancy is still valid or would it just be dismissed out of turn or subject to being overturned as the defendent is clearly not in the position to receive the papers and defend the case? Think I'm grasping at straws here.

In Scotland, I believe it's possible to get around the lack of a forwarding address by posting a notice in the court or local papers, shame there isn't this option elsewhere.

Big_Shaun

G_M wrote: »

I disagree with some of the above responses.

Yes, the OP must pay the utilities bills if they are in his name.
And yes, the OP must pay the full rent as the tenancy is "joint and several".

So that takes care of liability between OP and utilities/landlord.

But that does not affect the agreement/contract between OP and housemate.

There is a contract between them that each will contribute towards those bills (equally?).
Yes, it is verbal, which makes proof more problematic.
However I am sure a court would look sympathetically on a claim. It is almost universal that where joint tenants share a property, they share the bills, so a claim for a share of the bills would have a good chance of success.
The difficulty I foresee would be if the house mate claimed he had already paid his contribution, since these payments were always made in cash.
Were receipts issued for these cash payments? If so, and the housemate was unable to produce a receipt for the final payments (the dispured) ones) then that would strengthen the case. But if no receipts were ever made, it becomes a simple 'his word (I paid) against your word (you didn't)' dispute.

Were there any other joint tenants or was it just the two of you? Any other potential witnesses?

And yes, to take legal action you'll need his current address.

3 of us altogether who had an agreement to contribute equally. And no, there were no receipts issued.
My concern is that just because it's the normal 'done thing' wouldn't stand up in court. There's no proof there.

Big_Shaun

BigAunty wrote: »

Does anyone know if the OP can serve the papers to the current address if the tenancy is still valid or would it just be dismissed out of turn or subject to being overturned as the defendent is clearly not in the position to receive the papers and defend the case? Think I'm grasping at straws here.

In Scotland, I believe it's possible to get around the lack of a forwarding address by posting a notice in the court or local papers, shame there isn't this option elsewhere.

I could probably get his new address easy enough. I know the area it's in and I wouldn't mind paying a fee to use a tracing service.

Does anyone know how much it costs to file a claim?

Wyre

Assuming the ex-housemate can be traced, would not the court take other proof that he had previously paid the OP (bank statements showing transfers into the account for instance) as evidence that there was verbal contract between them?


ETA: just seen it was done in cash. OP I would alter how you deal with this with any other housemate by getting them to transfer the money into your account with a reference such as rent/electricity bill/whatever the money is for, and get something in writing!

spacey2012

If the address of the shared flat is the last know address of the person you can serve your papers to that address, to avoid a non service claim you advertise the case number and persons named in the claim in a local newspaper notices section and keep this.
You would get a default judgement without having to go near court if nobody picks it up, but getting your money is the hard bit.

Notices section example:
Notice : MR John Doe is served papers to last know address(14a pishtake avenue) by Northampton county court MCOL for a claim of monies owed, Mr john Doe is Herby placed on notice of legal proceedings in action.
In the local paper, that does away with any false service claim.

G_M

Big_Shaun wrote: »

3 of us altogether who had an agreement to contribute equally. And no, there were no receipts issued.
My concern is that just because it's the normal 'done thing' wouldn't stand up in court. There's no proof there.

Well then you bring along matey number 3 who confirms tht yes, the agreement was that the 3 of you would split all bills equally and split the rent equally in the way you claim.

Now it is his word against two of you. Assuming matey3 is willing to do this.

Big_Shaun

spacey2012 wrote: »

If the address of the shared flat is the last know address of the person you can serve your papers to that address, to avoid a non service claim you advertise the case number and persons named in the claim in a local newspaper notices section and keep this.
You would get a default judgement without having to go near court if nobody picks it up, but getting your money is the hard bit.

Notices section example:
Notice : MR John Doe is served papers to last know address(14a pishtake avenue) by Northampton county court MCOL for a claim of monies owed, Mr john Doe is Herby placed on notice of legal proceedings in action.
In the local paper, that does away with any false service claim.

I like this! It'll make it more difficult for him to fight it too.

Big_Shaun

G_M wrote: »

Well then you bring along matey number 3 who confirms tht yes, the agreement was that the 3 of you would split all bills equally and split the rent equally in the way you claim.

Now it is his word against two of you. Assuming matey3 is willing to do this.

Oh, she would be. Absolutely. He's !!!!ing her over too.