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.
Flatmate not paying rent...
ilikeunicorns
Posts: 6 Forumite
Hi! I currently live in a 2 bedroom flat, and have a joint (equal) tenancy with my "best friend" on a 12 month lease, due to end in May.
My flatmate has not been there for a couple of months, and I have barely spoken to her as her work have moved her to an office in a different city temporarily. She is getting her accommodation paid.
I received a call from our landlord the other day informing my that we are £895 in rent arrears :eek: Turns out my flat mate has not paid her half of the rent for 2 months and only paid half the month before that. I do not know why, as she is still part of the rental agreement whether she is staying there currently or not. The landlord just asked me to try to resolve this a contact him later in the week. I text her and asked what the hell is going on and she said she wasn't going to pay it as the landlord has not fixed some of the issues with the flat (this is true, we have been nagging him since we moved in to fix several things, including a window that practically floods the kitchen when it rains, yes, when it is closed) and also that she does not have that money. I have tried to explain to her that the rent and issues with the property are two separate things so it does not matter that these issues still need resolved, we still owe him £895.
Basically, I am aware if she does not pay this, that I am liable for it but I quite simply do not have the money. What should I do? I am in Scotland if that makes a difference.
My flatmate has not been there for a couple of months, and I have barely spoken to her as her work have moved her to an office in a different city temporarily. She is getting her accommodation paid.
I received a call from our landlord the other day informing my that we are £895 in rent arrears :eek: Turns out my flat mate has not paid her half of the rent for 2 months and only paid half the month before that. I do not know why, as she is still part of the rental agreement whether she is staying there currently or not. The landlord just asked me to try to resolve this a contact him later in the week. I text her and asked what the hell is going on and she said she wasn't going to pay it as the landlord has not fixed some of the issues with the flat (this is true, we have been nagging him since we moved in to fix several things, including a window that practically floods the kitchen when it rains, yes, when it is closed) and also that she does not have that money. I have tried to explain to her that the rent and issues with the property are two separate things so it does not matter that these issues still need resolved, we still owe him £895.
Basically, I am aware if she does not pay this, that I am liable for it but I quite simply do not have the money. What should I do? I am in Scotland if that makes a difference.
0
Comments
-
My friend had a problem exactly the same as this a month or so ago.
Basically you are both liable for the rent. The LL can chase either, or both of you for the full amount, there is no half and half as far as he/she is concerned. So yes, if your flatmate does not pay then you are responsible for the whole rent and vice versa.
However, if your flatmate does not pay and ultimately, you have to, then you can take her to the small claims court to try to recoup the money at a later date.
If you don't have the money, I would be having a very frank chat with your flatmate, as they may not understand the situation.
Tell her that if she does not pay, you will have no choice but to take legal action to recoup her share, which may result in a CCJ, which could ruin her credit rating for the next 6 years (no mortgage / loans / credit cards / rental agreements / mobile phone contracts). Also if she ever wants to work in finance, this could ruin that.
If she still doesn't pay, and you cannot, your LL can apply for a possession order to evict you then take legal action to recoup any outstanding rent based on the length of the lease.0 -
She would only get a Ccj if she failed to pay as instructed by the court.0
-
No.She could get a CCJ by default if she didn't enter a defence
Only if she failed to pay.
Theoptions here are:
1) persuade her to pay (either you, or the landlord - better to you then you know!)
2) pay yourself and grit your teeth
3) pay yourself and sue your 'best friend'
4) Do nothing and wait for LL to take both you and her to court
5) Do nothing and hope LL does not evict you via a S8 Notice for rent arrears0 -
It's a difficult one as this is your best friend, however a friend shouldn't do that to another.
Yes you are liable and if you make that clear to your friend and she still does nothing - what is to stop you asking her to move out and you finding another flatmate?0 -
The instruction from the court is the CCJ. What I think you mean is that if she fails to comply with a CCJ, it will be recorded in the public register.She would only get a Ccj if she failed to pay as instructed by the court.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
Errr.... the tenancy agreement?I
Yes you are liable and if you make that clear to your friend and she still does nothing - what is to stop you asking her to move out and you finding another flatmate?
a) it will doubtless prohibit sub-letting
b) the 'friend' has a tenancy so cannot be forced out
c) the landlord might not approve the new tenant
d) the LL might decline to end the current tenancy
the list goes on....0 -
ilikeunicorns wrote: »I am in Scotland if that makes a difference.
Scotland... no CCJs here. We call it a "decree". There is also no S8 etc. The end result is basically the same though!
OP everyone's advice is still applicable, although the terminology is slightly wrong. If your flatmate doesn't pay up and you are not willing/able to make up the difference, expect to receive a notice to quit in the not too distant future, followed up by court proceedings against both of you to recover the debt. I hope you can talk some sense into her!0 -
The Shelter Scotland website will have information about how to deal with disputes between tenants and your rights/obligations in a joint tenancy, including options when one tenant does not pay.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 349.8K Banking & Borrowing
- 252.6K Reduce Debt & Boost Income
- 453K Spending & Discounts
- 242.7K Work, Benefits & Business
- 619.5K Mortgages, Homes & Bills
- 176.3K Life & Family
- 255.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards