Flatmate not paying rent...

mgarl10024

I know these things can't be pre-judged, but I'm just thinking of a 'typical' case...
If the landlord takes them both to court, and the OP can prove that they have been paying their half and therefore that the arrears are caused exclusively by the friend, will the judge likely rule:
a) the OP pays nothing, and the best friend pays it all? (seems fairer, taking into account the situation)
b) they are both jointly liable, therefore they both get 50% of the arrears each to pay? (seems more contractual, based just on the legals of the contract).

19lottie82

mgarl10024 wrote: »

If the landlord takes them both to court, and the OP can prove that they have been paying their half and therefore that the arrears are caused exclusively by the friend, will the judge likely rule:
a) the OP pays nothing, and the best friend pays it all? (seems fairer, taking into account the situation)
b) they are both jointly liable, therefore they both get 50% of the arrears each to pay? (seems more contractual, based just on the legals of the contract).

A) There's no "fairness" aspect involved.

The OP and his flatmate both signed a contact saying that they agreed to be liable for the full amount.

No, they are both "jointly liable" for the FULL amount of arrears, and this means the LL can chase either of them (or both) for the full amount. If the OP is the easiest one to find to serve the court papers to (or likewise, the flatmate), then so be it, and the judge will order them to pay the full amount.

http://en.wikipedia.org/wiki/Joint_and_several_liability

As per your scenario, it is very unlikely the LL would seek to take "both" of them to court, why would he? He doesn't need to.

That is not to say that if this occurred, the OP could not take the flatmate to the small claims court to try and recoup the costs.