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Joint Tenancy - Bad Housemate, Unpaid rent
lyons123
Posts: 8 Forumite
Hey! just hoping for a little guidance and advice on my current situation.
I am currently in a joint tenancy, starting 30th August 2014 for 12 months and have been having troubles with one of my housemates who has now left the property due to a relationship breakdown.
Whilst he was at the property he subjected me to abusive language and threats on a few occasions. Me- being the only female in the house at the time found this extremely unsettling and emotionally draining and asked him to leave otherwise further action would have been taking.
He left the property without any notice and agreed to pay his share of the rent being £269.
My other housemate lost his job and so I found someone to take over his tenancy. However since then the other housemate who served no notice to me or the landlady has advertised his room and refused to pay rent. Making me and the other tenant liable.
He started entering the property without given any notice to show people round which for me is again unsettling as there are no locks on the bedrooms and he has currently threatened to damage my property however has started arranging viewings and refusing to show them round so sometimes I have people just showing up at my door asking to see the property.
The landlady then threatened to make me sorely liable to pay the extra rent if I am not happy with moving a stranger in. I told her that a suitable candidate would have to be found as it is unfair to move a 45 year old male into a property with two 20 year old females and there being no locks on the doors and refusing to put locks on the doors.
Is this allowed? surely we are all liable to pay the shortfall and not just one tenant.
I have agreed to split the rent between all three of us, however could me and the remaining tenant take the third tenant to court to try get the unpaid rent reimbursed?
I am currently in a joint tenancy, starting 30th August 2014 for 12 months and have been having troubles with one of my housemates who has now left the property due to a relationship breakdown.
Whilst he was at the property he subjected me to abusive language and threats on a few occasions. Me- being the only female in the house at the time found this extremely unsettling and emotionally draining and asked him to leave otherwise further action would have been taking.
He left the property without any notice and agreed to pay his share of the rent being £269.
My other housemate lost his job and so I found someone to take over his tenancy. However since then the other housemate who served no notice to me or the landlady has advertised his room and refused to pay rent. Making me and the other tenant liable.
He started entering the property without given any notice to show people round which for me is again unsettling as there are no locks on the bedrooms and he has currently threatened to damage my property however has started arranging viewings and refusing to show them round so sometimes I have people just showing up at my door asking to see the property.
The landlady then threatened to make me sorely liable to pay the extra rent if I am not happy with moving a stranger in. I told her that a suitable candidate would have to be found as it is unfair to move a 45 year old male into a property with two 20 year old females and there being no locks on the doors and refusing to put locks on the doors.
Is this allowed? surely we are all liable to pay the shortfall and not just one tenant.
I have agreed to split the rent between all three of us, however could me and the remaining tenant take the third tenant to court to try get the unpaid rent reimbursed?
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Comments
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A joint tenancy means you all have joint and several liability for the WHOLE rent, there's no such thing as your share. If one tenant doesn't pay then the LL can and will come after the other tenants to make up any shortfall.
The housemate that you asked to leave is still named on the tenancy and is therefore allowed to enter the property. It sounds like the LL is willing to assign the tenancy to new tenants (two existing and one new tenant) and if you don't like the candidates being put forward your options are to find a new housemate, that your LL is happy with, or continue living with just 2 of you in the property and make up the shortfall.
You could potentially take the third tenant to court but whether or not you'd be successful since you kicked him out of his home I'm not sure.
Why is it unfair to move a 45 year old man into a property where 20 year old females live? In fact I'm confused, how many of you are living in this property? You start off as the only female but now there are two 20-something females? Did someone have an operation or has some other tenant moved out and been replaced with another female?
If you want a lock your door, put one on yourself.
http://www.amazon.co.uk/Skiweb-Howsar-Portable-Door-Lock/dp/B001BN3I680 -
You say it's a joint tenancy, this makes you all or individually liable for the whole rent. So if one doesn't pay the others have to make it up.
Whether its an inconvenience or not it's in your best interests to quickly find another tenant. Getting the wrong tenant isn't in your interests either so you will have to decide whether to pay between the two of you, whilst holding out for the right tenant or accept a compromise.
On the plus side the ex tenant is still liable to you for the shortfall he is not paying, so court action could be taken against him, this would be worth it if the rent continues to be with held by him for a few months.0 -
I have agreed to pay a third of the shortfall - as yes, I know it is a joint tenancy therefore all tenants are liable and no. I have not had a operation :T I did state that someone replaced the second tenant as he lost his job. Sorry for making that unclear.A joint tenancy means you all have joint and several liability for the WHOLE rent, there's no such thing as your share. If one tenant doesn't pay then the LL can and will come after the other tenants to make up any shortfall.
The housemate that you asked to leave is still named on the tenancy and is therefore allowed to enter the property. It sounds like the LL is willing to assign the tenancy to new tenants (two existing and one new tenant) and if you don't like the candidates being put forward your options are to find a new housemate, that your LL is happy with, or continue living with just 2 of you in the property and make up the shortfall.
You could potentially take the third tenant to court but whether or not you'd be successful since you kicked him out of his home I'm not sure.
Why is it unfair to move a 45 year old man into a property where 20 year old females live? In fact I'm confused, how many of you are living in this property? You start off as the only female but now there are two 20-something females? Did someone have an operation or has some other tenant moved out and been replaced with another female?
If you want a lock your door, put one on yourself.
So now there are currently two people in the property both being female.
In regards as to why I think/find it a tad unsuitable for someone like that to move into the property is that I agreed to live with people I know hence why there are no locks on the bedrooms in the first place. Not a random older male who could potentially be dodgy. Who knows? He might not be.
However a little privacy would be nice in my own home. I don't want to leave the house every day worrying about whether my belongings are safe or not.
Overall i'm not saying I'm not willing to live with a stranger. Its in my best interests financially to find a new tenant quick. I just feel like the replacement has to somewhat suitable.
Also cheers for linking me up to buy a lock. much appreciated...
However it clearly states in the tenancy agreement that it has to be ran by the landlady.
Finally, I did not kick him out of his own property. He made the choice to leave.0 -
I have agreed to pay a third of the shortfall - as yes, I know it is a joint tenancy therefore all tenants are liable and no. I have not had a operation :T I did state that someone replaced the second tenant as he lost his job. Sorry for making that unclear. So now there are currently two people in the property both being female.
Who is named on the tenancy agreement? Is it you and the two other original tenants, or you, the new female tenant and the tenant who was abusive and asked to leave? If it's the former then the LL can go after whomever she likes for the rent. She knows where you live and that you have a job so it would be easiest to come after you for any shortfall.In regards as to why I think/find it a tad unsuitable for someone like that to move into the property is that I agreed to live with people I know hence why there are no locks on the bedrooms in the first place. Not a random older male who could potentially be dodgy. Who knows? He might not be.
However a little privacy would be nice in my own home. I don't want to leave the house every day worrying about whether my belongings are safe or not.
Overall i'm not saying I'm not willing to live with a stranger. Its in my best interests financially to find a new tenant quick. I just feel like the replacement has to somewhat suitable.
The best solution would be for you to find a suitable replacement then rather than leaving it up to the tenant who left.Also cheers for linking me up to buy a lock. much appreciated...
However it clearly states in the tenancy agreement that it has to be ran by the landlady.
It's a temporary lock for your bedroom door, why would you have to run that past the landlord? Does your TA say that you cannot install a temporary lock on your bedroom door or does it say that you cannot change the locks?Finally, I did not kick him out of his own property. He made the choice to leave.
You said you asked him to leave. Are you now saying that you didn't ask him to leave? Would you rather he moved back in and continued paying rent? Probably best just to advertise and find a new housemate yourself and let him know that's what you intend to do so that he stops showing randoms around.0 -
Are you able to fit a lock on your door? As long as you don't damage the door doing so, you are free to do as you wish on your door as long as you take it down when you leave. Alternatively, you could ask the landlord if they'd agree to fit a lock.0
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In regards as to why I think/find it a tad unsuitable for someone like that to move into the property is that I agreed to live with people I know hence why there are no locks on the bedrooms in the first place. Not a random older male who could potentially be dodgy. Who knows? He might not be.
'Someone like that'
Like what exactly?
Someone needs to warn this poor chap that he's potentially moving into a house share with a pair of 20 year olds who'll have him for sexual harrassment the first time he speaks to them. I hope to god he's gay so you can feel comfortable that he won't be perving at you all day.
Or you could just grow up and stop dumping your prejudices on anyone you don't know.0 -
Who is named on the tenancy agreement? Is it you and the two other original tenants, or you, the new female tenant and the tenant who was abusive and asked to leave? If it's the former then the LL can go after whomever she likes for the rent. She knows where you live and that you have a job so it would be easiest to come after you for any shortfall.
The best solution would be for you to find a suitable replacement then rather than leaving it up to the tenant who left.
She has agreed to split the shortfall between the three original tenants and I'm okay with that. My overall question was whether me and the other tenant can take him to court to get the money reimbursed as it says in section 21 under the housing act that they have to serve notice to the LL and tenants.
Also I gave him an option. I did not tell him he had to move out right that second. I just advised that it was best in the current situation and that the harassment could not continue as it was absolutely unacceptable behaviour and was physically and emotionally draining. Putting stress onto me which does not help with harsh university deadlines.
What makes you think I'm not looking for a replacement?
Id rather not have to pay the shortfall, thanks.It's a temporary lock for your bedroom door, why would you have to run that past the landlord? Does your TA say that you cannot install a temporary lock on your bedroom door or does it say that you cannot change the locks?
In the TA, both changing locks or adding any types of locks have to be ran by the landlord.You said you asked him to leave. Are you now saying that you didn't ask him to leave? Would you rather he moved back in and continued paying rent? Probably best just to advertise and find a new housemate yourself and let him know that's what you intend to do so that he stops showing randoms around.
The landlady won't allow him to move back in. :j0 -
'Someone like that'
Like what exactly?
Someone needs to warn this poor chap that he's potentially moving into a house share with a pair of 20 year olds who'll have him for sexual harrassment the first time he speaks to them. I hope to god he's gay so you can feel comfortable that he won't be perving at you all day.
Or you could just grow up and stop dumping your prejudices on anyone you don't know.
Im not dumping my prejudices on anyone. Your jumping to conclusions.
The reason why I am a tad unsettled by this is that, I have lived in accommodation where Ive had my stuff gone through and stolen.
Ideally the best solution would be able to find someone who I know.
I didn't mean it was unsuitable for them reasons whether it be male or female, Its a student property. I think it would be more suitable for both parties if it was someone bit more fitting to the current tenants.0 -
Quizzical_Squirrel wrote: »I'm a girl but I'm actually offended on behalf of all 45 year men.
Just because you find them distasteful doesn't mean they are predatory.
I didn't say I found him distasteful or say thats what his intentions would be.
Sorry if it came across that way. Whether it be male or female. I would be unsettled having a stranger in my flat without locks on my door. FOR THE SAFETY OF MY POSSESSIONS
I didn't mean to be bias, he was the last person to the view the property. Which is also student property...0 -
What a bloody mess the whole thing has become. If any of the joint tenants serves notice it ends the tenancy for everyone, not just the one who has left.
I don't think the LL is allowed to just tell him that he's not allowed to move back in as that could be considered an illegal eviction but that's between him and her although it could impact you taking him to small claims court for unpaid rent. Taking someone to small claims court is the easy bit, winning isn't too difficult either if you can present your case, it's enforcing the court's decision and recouping the money that is difficult. Since this is a student let, did the LL not get guarantors for everyone?
You hadn't mentioned finding a new housemate yourself and I suggest you get a wriggle on and find one before the old housemate and LL agree on one that you don't think is suitable for whatever reason.0
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