Help regarding non rent payments

Jack-_4

Hi guys!

So here it goes! any advice good or bad please!

Me and my "Friend" moved into a flat last august everything was going great! until...he started injecting himself with steroids and taking steroid pills,the guy became unbelievable he would flip out at me over the smallest of things! one of them been a tin of "34p hot dogs" that i ate without buns! I know...

cutting a long story fairly short around November i also found out my partner fell pregnant unexpected but pleased! i didnt want her or myself no where near this guy he had turned nuts!

I moved out on December the 24th! (Great thing to be doing on Christmas eve!) and made my last payment on November the 29th)
holding back any rent to my ex flatmate or to my letting agents

Moving on to the 13th of may this year,the guy decides to move out the flat after paying from December only half the rent (£260 give or take a few pounds) leaving my half of the rent unpaid up till now)

- outstanding amount due to be paid - £999.98

Now here is where I don't know were i stand,its a joint tenants everything to do with the flat was in both our names so if i was to leave this and ignore the letting agents (up to now iv been in regular contact) (waiting for him to move out before paying "his" debts off) its 999.98 down the middle it makes no difference if its my half Thats not been paid or his so if it was to go to court it would be say £500 each? with a 650 deposit sitting there

Although the letting agents are aware the deposit was fully paid by my flatmate,would they still use that 1st to clear most the debt before going to court? or would it all go to court 1st taking the deposit 1st then splitting the remaining debt between us both giving us £174.99 each to pay? now that sounds alot better than 999.98....but we would both receive CCJ's if it went to court?

So my options as far as i can see are

-Find £999.98 pay it and my flatmate would receive his deposit back

- Or hold out and see what action the letting agent will take?

don't know what odds its makes but i know the letting agents have lost our old landlady as a client now after all this mess.

So just wondering what experience you guys have on rent and court and the chances of it going all the way or would they take the deposit and run?

Takeaway_Addict

Regardless of why you left you are both jointly responsible for that rent, as such they will most likely go after the easiest target or both of you for the remainder of money.

Morally its your money to pay.

Guest101

You're starting a family, so whilst you need money short term, you could probably do without a ccj, long term.

If you can get in writing that 499 will settle it from your end. then i'd do that (unless u owe the whole thing??)

Jack-_4

Takeaway_Addict wrote: »

Regardless of why you left you are both jointly responsible for that rent, as such they will most likely go after the easiest target or both of you for the remainder of money.

Morally its your money to pay.

Thankyou!-

Would they take the deposit first before taking court action would you know? because if so morals out the window. With my partner and I expecting our little one in august i could do without throwing £1000 away if theres a way around it without gaining a CCJ

Guest101 wrote: »

You're starting a family, so whilst you need money short term, you could probably do without a ccj, long term.

If you can get in writing that 499 will settle it from your end. then i'd do that (unless u owe the whole thing??)

Yes! Totally Agree a CCJ is the last thing i want to be getting after the last few weeks we have been accepted for a mortgage dont want to throw it all away for swallowing my pride if have to for £1000,but on the same point if theres a way around it,Ie them taking deposit before court then paying the remaining.

Takeaway_Addict

Jack- wrote: »

Thankyou!-

Would they take the deposit first before taking court action would you know? because if so morals out the window. With my partner and I expecting our little one in august i could do without throwing £1000 away if theres a way around it without gaining a CCJ



Yes! Totally Agree a CCJ is the last thing i want to be getting after the last few weeks we have been accepted for a mortgage dont want to throw it all away for swallowing my pride if have to for £1000,but on the same point if theres a way around it,Ie them taking deposit before court then paying the remaining.

I believe they would use the deposit providing teh house is left in a decent state when the other guy leaves. If it needs work doing to get it back to the same state it was when you arrived then they could take it from the deposit, us whatever is left against the rent owed and then come after either of you for the rest of the rent.

[Deleted User]

We need more information before being able to accurately explain what considerations you need to make.

Did you have a single tenancy agreement with you as joint tenants, or did you have two tenancy agreements (for half the full rent) with separate rent payments?

Did you provide any sort of notice when you moved out or did you just pay rent for November 29th - December 29th and then just up sticks and move out on December 24th?

The situation makes no real sense, the letting agent let your co-tenant pay only half of the rent for almost half a year? Did they not inquire where the rest of the rent is, or threaten to seek possession once two months rent was behind?

Facts would be exceptionally helpful.

Jack-_4

Takeaway_Addict wrote: »

I believe they would use the deposit providing teh house is left in a decent state when the other guy leaves. If it needs work doing to get it back to the same state it was when you arrived then they could take it from the deposit, us whatever is left against the rent owed and then come after either of you for the rest of the rent.

Thankyou,i know its not nice to leave my old flatmate without his deposit,but if it would work out i'm not losing out on £500 that I could use for a chunk of mortgage deposit,its kind of a no choice position.

I was there on the checkout of the flat to make sure and was all okay

Jack-_4

citricsquid wrote: »

We need more information before being able to accurately explain what considerations you need to make.

Did you have a single tenancy agreement with you as joint tenants, or did you have two tenancy agreements (for half the full rent) with separate rent payments?

Did you provide any sort of notice when you moved out or did you just pay rent for November 29th - December 29th and then just up sticks and move out on December 24th?

The situation makes no real sense, the letting agent let your co-tenant pay only half of the rent for almost half a year? Did they not inquire where the rest of the rent is, or threaten to seek possession once two months rent was behind?

Facts would be exceptionally helpful.

It does state on my first post that it was a joint tenancy,sorry if it wasn't explained very well.
(So we are both liable for any debts or rent payments)
The rent goes out of my old flatmates account but as i say it was a joint tenancy I bank transferred into his account every month without an issue.

I moved out on the 24th of December and on the 13th of January contacted the lettings agency due to the Christmas break,explained the situation and they attempted to remove me of the tenancy. But my flatmate wouldn't allow it.

They told me due to my old flatmate paying "260 pound" each month they couldn't take legal action or proceed with eviction until the property gained more than two months arrears. With him paying half each month that took us up April 28th. he then paid in April and left the flat on the 13th of may before been pushed on with eviction.

Takeaway_Addict

Jack- wrote: »

Thankyou,i know its not nice to leave my old flatmate without his deposit,but if it would work out i'm not losing out on £500 that I could use for a chunk of mortgage deposit,its kind of a no choice position.

I was there on the checkout of the flat to make sure and was all okay

There is always a choice Jack

BitterAndTwisted

Those rent-arrears are yours so you should pay them in full. Regardless of how uncongenial your ex-flatmate may have been it's pretty ruddy low to skedaddle, leave him in the lurch and then risk him losing his deposit to boot. You and your partner expecting a baby has absolutely nothing to do with it.

Pay up or be a low-life. Your choice.

wannahouse

you are worried about your partner and expecting a new baby, but what about the OLD LADY you owe the rent to?

pretty low in my opinion...you chose to take out a tenancy with this guys and you promised to pay the poor little old lady her money, so meanwhile she eats beans with the weight of the world on her shoulders worrying about her non paying tenants, while you "save a chunk" for a deposit...

pay her what you owe...