We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Recouping rent arrears from a sub let
Evo14
Posts: 8 Forumite
So, here's my situation.
In short, I've tried to be a nice guy but have been taken for a mug.
I rent a flat from a friend. He's a great guy, and we agreed on a handshake that I would pay £275 a month rent (very, very reasonable) and if I was to get a flatmate for the second bedroom, the rent would increase to £375 (which, in fairness, would drop my outgoings since I would only be paying half of that)
So, never any issues paying the rent etc, I've never missed a payment in the 12 months that I've lived there. Howevever, I got a new flatmate in February. We agreed that she'd pay £300 p/m (this includes all bills - rent, council tax, cable tv, internet, electric).
In February, she was having some money troubles, so I talked it over with the landlord and agreed to up the payments from March. Same thing happens again in March. Two months, zero rent.
I finally got a payment in full in April (albeit not including the backpaid rent, and in 2 installments).
Now, the way I normally do things is this - I pay all the bills at the start of the month when I get paid. I pay £275 for the rent. My flatmate gets paid around the 8th of each month, and from that, £200 covers her share of the bills, and £100 covers the remainder of the rent. Straight forward.
However, in May I went on holiday. I got £200 from her in cash (she seems incapable of setting up a standing order) which I put towards my holiday money (all the bills etc were paid by me the week before) and since I was going to be away, left the contact details for my landlord to pay him the remaining £100.
I got back to my friend asking me what was happening with the remainder of the rent. I asked her about this and she said she had forgot and now didn't have the money but would pay £400 the following month. My patience was now starting to wear thin.
Come June, I do my usual of paying the bills etc and she gives me £200, and says she'll give me the remainder in a few days as she couldn't lift that amount of money from an ATM in one go. Fair enough, as long as I get it.
2 weeks later, I still hadn't seen a penny of it, so I text her telling her to bring in the remainder, in full that night. She got in, and yep, you guessed it, had no money to pay me.
I spoke to my landlord who, once again was very reasonable. I decided that enough was enough and with his permission, asked her to find somewhere else. This was on the 22nd of June. I gave her until the 20th of July (28 days) to leave and she verbally agreed to this.
Now, I live in Scotland. Is there any way of me recouping this money from her without some kind of a written agreement regarding the rent? I would happily go through a small claims court to get the money that's owed (which is really over £800), but only if I knew I had any chance of getting it back.
Any advice would be appreciated.
In short, I've tried to be a nice guy but have been taken for a mug.
I rent a flat from a friend. He's a great guy, and we agreed on a handshake that I would pay £275 a month rent (very, very reasonable) and if I was to get a flatmate for the second bedroom, the rent would increase to £375 (which, in fairness, would drop my outgoings since I would only be paying half of that)
So, never any issues paying the rent etc, I've never missed a payment in the 12 months that I've lived there. Howevever, I got a new flatmate in February. We agreed that she'd pay £300 p/m (this includes all bills - rent, council tax, cable tv, internet, electric).
In February, she was having some money troubles, so I talked it over with the landlord and agreed to up the payments from March. Same thing happens again in March. Two months, zero rent.
I finally got a payment in full in April (albeit not including the backpaid rent, and in 2 installments).
Now, the way I normally do things is this - I pay all the bills at the start of the month when I get paid. I pay £275 for the rent. My flatmate gets paid around the 8th of each month, and from that, £200 covers her share of the bills, and £100 covers the remainder of the rent. Straight forward.
However, in May I went on holiday. I got £200 from her in cash (she seems incapable of setting up a standing order) which I put towards my holiday money (all the bills etc were paid by me the week before) and since I was going to be away, left the contact details for my landlord to pay him the remaining £100.
I got back to my friend asking me what was happening with the remainder of the rent. I asked her about this and she said she had forgot and now didn't have the money but would pay £400 the following month. My patience was now starting to wear thin.
Come June, I do my usual of paying the bills etc and she gives me £200, and says she'll give me the remainder in a few days as she couldn't lift that amount of money from an ATM in one go. Fair enough, as long as I get it.
2 weeks later, I still hadn't seen a penny of it, so I text her telling her to bring in the remainder, in full that night. She got in, and yep, you guessed it, had no money to pay me.
I spoke to my landlord who, once again was very reasonable. I decided that enough was enough and with his permission, asked her to find somewhere else. This was on the 22nd of June. I gave her until the 20th of July (28 days) to leave and she verbally agreed to this.
Now, I live in Scotland. Is there any way of me recouping this money from her without some kind of a written agreement regarding the rent? I would happily go through a small claims court to get the money that's owed (which is really over £800), but only if I knew I had any chance of getting it back.
Any advice would be appreciated.
0
Comments
-
You seem to have a tenancy for the property with your landlord. YOU are therefore entirely responsible for paying your landlord the entire rent.
You also have a lodger. That is entirely a matter between you and your lodger. If your lodger does notpay you the rent, get rid of her!
However I know nothing of Scottish property law which is different to England....0 -
You seem to have a tenancy for the property with your landlord. YOU are therefore entirely responsible for paying your landlord the entire rent.
You also have a lodger. That is entirely a matter between you and your lodger. If your lodger does notpay you the rent, get rid of her!
However I know nothing of Scottish property law which is different to England....
Well, at least I've taken care of this part!0 -
Do you have anything in writing, like a lodgers agreement showing what payments she has committed to? Could you come up with an Excel spreadsheet to show what rent was due and the payments made towards it?
As far as I know that's rally all the evidence you need. The big fly in the ointment would be to have an address to serve the court documents to. Still, getting a judgement in court is the easy part. Actually getting the money is another completely.0 -
You are not 'sub-letting'.
You in fact, have a lodger.
Legally the difference is very important and I suggest you familiarise yourself with this and what it means to you as a tenant.
If you have nothing in writing you will have a hard time reclaiming any monies owed from your lodger.Back off man, I'm a scientist.
Daily Mail readers?
Can you make sense of the Daily Mail’s effort to classify every inanimate object into those that cause cancer and those that prevent it ?0 -
You are not 'sub-letting'.
You in fact, have a lodger.
Legally the difference is very important and I suggest you familiarise yourself with this and what it means to you as a tenant.
If you have nothing in writing you will have a hard time reclaiming any monies owed from your lodger.
A quick google search on this fact has thrown up some useful information on this, many thanks!0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.7K Banking & Borrowing
- 253.4K Reduce Debt & Boost Income
- 454K Spending & Discounts
- 244.6K Work, Benefits & Business
- 600K Mortgages, Homes & Bills
- 177.3K Life & Family
- 258.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards