Tenant legs it

yz324

I am currently a student renting from a landlord. He gave me permission to sublet a room from his house.

I signed a sublease drafted using internet templates with another student at my university for 12 months, paid quarterly. It is coming to the end of 5th month. After 3 months, he asked me to pay rent monthly instead because he did not have the money. There was nothing I could do to make him pay, so yeah okay.

He informed me two days ago that he found a job in Kent and he moved out most of his stuff this morning and will move out the rest of the stuff this weekend.

He has put an advert online and the rent for next month is due in 10 days (Though it should be due 2 months ago, because we signed a contract for quarterly payment)

I think I have been thoroughly deceived. I do not think he had the intention of staying for whole year initially and he probably knew back in December he was going to move out within the next 3 months.

I would like to file a small claim court, but I do not have his new address. I did some Googling, I found a page on research group in Cambridge (in the field of his studies) which claims he will be starting there shortly (but he said he is moving to Kent?!). There is a chance that he initially accepted this Cambridge offer and decided to go somewhere else? I do not know.

I have spoken to people on MoneyClaim helpline who told me that I cannot sue without a residential address. I will be owed over £1900. Whilst there is a possibility that I will find another tenant (and I am trying), but February is not the time of year when students look for accommodation.

I would like to know if someone had similar experience and what legal action they took. If I use one of these tracer companies to find him and pay hundred of pounds of fees after he refuses to give me an address, what are the chances that the court would reward the cost to me?

agrinnall

Well, given that he is still a tenant at your address you can use that as the address in MCOL - the fact that he has made no arrangements for redirection of mail from that address is not your issue. However, if you want to actually get your money back you will need to find where he really is at some point.

yz324

agrinnall wrote: »

Well, given that he is still a tenant at your address you can use that as the address in MCOL - the fact that he has made no arrangements for redirection of mail from that address is not your issue. However, if you want to actually get your money back you will need to find where he really is at some point.

Thank you for your answer, are there any repercussion for him if he does not pay after I sue him?

If I ask the Bailiff to collect the money for me if he refuses to pay, say, then would I need to provide his residential address then or is phone number/work address sufficient?

Guest101

Did he pay a deposit? Did you protect it? Did you give him a copy of the EPC? Provide a copy of the Gas Safety?

You couldve had a lodger, you gave him tenants rights - in turn you had landlord obligations

(subletting isnt what you think it is)

yz324

Guest101 wrote: »

Did he pay a deposit? Did you protect it? Did you give him a copy of the EPC? Provide a copy of the Gas Safety?

You couldve had a lodger, you gave him tenants rights - in turn you had landlord obligations

(subletting isnt what you think it is)

He paid me a deposit of 1 month of rent, No, the other EPC and Gas Safety Certificates are done by my landlord and I have this. I payed a protected deposit toward my landlord.

Please can you exactly why does this matter when it comes to pursuing money?

Guest101

yz324 wrote: »

He paid me a deposit of 1 month of rent, No, the other EPC and Gas Safety Certificates are done by my landlord and I have this. I payed a protected deposit toward my landlord.

Please can you exactly why does this matter when it comes to pursuing money?

Presumebly you haven't paid tax on this rent either?

Because what you did was become a Landlord. Instead of taking him on as a lodger ( much fewer rights ), you took him on as a tenant, so just like your landlord has responsibilities to you regarding your deposit, the gas safety etc.

YOU have those same responsibilities the this tenant. You didn't protect the deposit. He could start court proceed edgings against you. Claim back his deposit and between 1 and 3 times the value.

So you have unpaid rent due, but he has a counterclaim. And at £1900 u can bet he'll get ehal advice.

HMRC may also come after you for tax on the income you received.

anselld

Guest101 wrote: »

Presumebly you haven't paid tax on this rent either?

Because what you did was become a Landlord. Instead of taking him on as a lodger ( much fewer rights ), you took him on as a tenant, so just like your landlord has responsibilities to you regarding your deposit, the gas safety etc.

YOU have those same responsibilities the this tenant. You didn't protect the deposit. He could start court proceed edgings against you. Claim back his deposit and between 1 and 3 times the value.

So you have unpaid rent due, but he has a counterclaim. And at £1900 u can bet he'll get ehal advice.

HMRC may also come after you for tax on the income you received.

OP "sublet" a room in a shared house. Despite what any agreement might state, that would still make him a lodger.

OP would not need to protect deposit.

Tax would not be payable unless rent exceeds Rent-a-Room allowance.

G_M

The above senario is probably right, but let's just check facts. Is he a lodger or a tenant?

I signed a sublease drafted using internet templates ...

What exactly does this say?

Your understanding of the relevan legislation is clearly vague, so let's not make assumptions.........If you are lucky, he will turn out to be a lodger.

yz324

anselld wrote: »

Tax would not be payable unless rent exceeds Rent-a-Room allowance.

I am a student anyway. All income I have is the peanuts I make through teaching at the University. I will still be under the £10,000 barrier anyway if the rent counted as an income. Thank you for the clarification though. I was not aware such a thing existed as 'rent-a-room allowance'. Maybe I should have insisted a change on tenency agreement when he moved in, i.e. making him a tenant, though I was under the impression that I would still be fully liable for his rent if he legs it and I would still need sue him.

TheCyclingProgrammer

anselld wrote: »

Tax would not be payable unless rent exceeds Rent-a-Room allowance.

Even if it wasn't, wouldn't the rent paid by OP, or a proportion of it at least, be claimable as an expense against the rental income they receive? If so, its also very unlikely that the rent is profitable unless they were charging the other person a fortune.

yz324

G_M wrote: »

The above senario is probably right, but let's just check facts. Is he a lodger or a tenant?

What exactly does this say?

Your understanding of the relevan legislation is clearly vague, so let's not make assumptions.........If you are lucky, he will turn out to be a lodger.

I removed the name and the address. This is exactly what he and I signed.

SUBLEASE AGREEMENT

This is an agreement to sublet real property according to the terms specified below. The sublessor agrees to sublet and the subtenant agrees to take the premises described below. Both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

1. The sublessor is:

2. The subtenant is:

3. The location of the premises is:

4. The term of this sublease is 1 year, beginning 21/09/2013. The rent is £960 per quarter, payable in advance on the 21/09/2014, 21/12/2014, 21/03/2014. 21/06/2014. The rent is payable to .
5. The sublease agreement will terminate on 20/09/2014. There shall be no holding over under the terms of this sublease agreement under any circumstances.

6. Water and internet bills connected with premises which are to be paid by the sublessor and electricity and gas bills are shared between the subtenant and the sublessor.

7. Subtenant agrees to surrender and deliver to the sublessor the premises and all furniture and decorations within the premises in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted. The subtenant will be liable to the sublessor for any damages occurring to the premises or the contents thereof or to the building which are done by the subtenant or his guests.

8. Subtenant agrees to pay to sublessor a deposit of £320 to cover damages and cleaning. Sublessor agrees that if the premises and contents thereof are returned to him in the same condition as when received by the subtenant, reasonable wear and tear thereof excepted, he will refund to the subtenant £320 at the end of the term, or within 30 days thereafter. Any reason for retaining a portion of the deposit shall be explained in writing within 30 days to the subtenant.

9. Subtenant agrees to purchase a TV licence, should he decides to watch live television. Should subtenant decides to watch live television and fail to purchase a TV licence, subtenant is responsible for all the fines with it.

10. Subtenant agrees to help to keep the communal areas in a reasonably tidy state. Subtenant is responsible for keeping the front garden in a tidy state. Failing to do so would result in a deduction of deposit for the associated cleaning or gardening cost.

Signature (sublessor)

Signature (subtenant)