Joint tenancy- housemate not been paying rent

jjlandlord

It's not about "mitigating loss": Rent due is a debt, not a loss.

G_M

Housebuyer - you are right that it makes sense to highlight arrears early, but there is no requirement on a LL to do so.

Indeed, we see posts here from time to time where LLs have contacted tenants within a few days of payment being missed, and the tenant feling harrassed. No real issue, perhaps a temp cshflow issue or even a bank errror.

LLs have to judge between jumping the gun and leaving it too long.

But bottom line is, legally it is the tenant's responsbility to pay rent as per the ontract, not the LL's to collect/chase it.

HouseBuyer77

Well to take a more extreme (and invented) example lets say I rent a house for a year. I'm a very conscientious tenant and know that it's very easy to mess up a standing order. So I ask my new LL if I can pay £10 to them a few days before the first rent is due and then the rent - £10 on the day it is due. I will contact them to ensure the £10 is safe and sound in their account and then contact them again to make sure the full rent made it. This done I'll be safe and sound in the knowledge the standing order is good.

Unknown to me my LL is a bit slapdash and runs multiple small enterprises including renting several properties, through the same account. There's lots of transactions going through it each day so when I call to ask they glance at a statement see £10 somewhere, decide that must be mine and confirm the money has made it. The same thing happens when I call to confirm the full rent is there.

Unfortunately I made a small error in setting up the standing order (or maybe the LL even gave me the wrong acc no, they are a bit slapdash!) but as far as I'm concerned all is good.

A year passes and I move out. LL, being a bit slapdash, only bothers to do any accounting on a yearly basis. Following this realises I haven't paid them any rent whatsoever and demands the full 12 months off me.

I've believed in good faith that I was paying and have taken steps to ensure I was paying, which the LL confirmed, however in actual fact I was not. Does the LL really have a claim against me?

Obviously the OPs situation is different but it's interesting to know where the dividing line is. Maybe a crucial part is getting confirmation from the LL the monies are in their account?

Anyway, hypothetical scenarios do not help the OP. I suspect the above posters are right in that you have very little comeback but you could try asking them why it took them so long to tell you about the missing money in the first place. State that this is not your fault but due to their negligance and see if gets you anywhere. Though beware that an adversarial tone may just make the situation worse.

Getting unpaying tentant replaced with paying tenant ASAP would be a very good idea. Writing a letter to unpaying tenant (take copy, get proof of postage, even if you end up effectively posting it to yourself...) stating you expect them to pay in full by date X could be a good idea too. If you want to claim it back in small claims it may help your case.

Pixie5740

HouseBuyer77 wrote: »

A year passes and I move out. LL, being a bit slapdash, only bothers to do any accounting on a yearly basis. Following this realises I haven't paid them any rent whatsoever and demands the full 12 months off me.

I've believed in good faith that I was paying and have taken steps to ensure I was paying, which the LL confirmed, however in actual fact I was not. Does the LL really have a claim against me?

Yes, your LL would have a claim. You would have been supplied with the sort code and account number to pay your rent to (hopefully in WRITING) and it's your responsibility to ensure that you are paying your rent to the correct details. I'd be surprised if a LL failed to notice not receiving rent for a full year though.

G_M

HouseBuyer77 wrote: »

I've believed in good faith that I was paying and have taken steps to ensure I was paying, which the LL confirmed, however in actual fact I was not. Does the LL really have a claim against me?

.

Yes.

The contract states the the tenant must pay the rent.

If rent is not paid, then it is owed.

Certainly your scenario offers mitigating circumstances, but the debt remains. Tenant should approach his bank, resolve the 'misdirection' of the standing order, and pay the landlord.

HouseBuyer77

Makes sense.

How about if in my hypothetical example the LL had given me the wrong sort code or acc no in the contract and I had been diligently paying into that, would they have a claim? I'd presume not as I'd would have fufilled the terms of the contract (pay this, to this account, on this schedule) and also checked that the LL was happy they had received the money?

blackshirtuk

to get back to the OP.......

were references checked and did you need guarantors?

The guarantor would be liable for your housemate's non payment.