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Joint Tenancy - Bad Housemate, Unpaid rent

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Comments

  • Talc1234
    Talc1234 Posts: 273 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    lyons123 wrote: »
    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.

    I'm a 48 year old male and rent two rooms out to women in their 20s. Not everyone is as prejudiced as you
  • The OP has already said that she found the tenant who moved out aggressive. However, by suggesting/telling him to move out., that was a big mistake. She could have contacted the LL and asked them to deal with the problem, if they wouldn't, she can put a key on her door.., surely this is better than having to pay for the empty room for x number of months?

    Yes it would be nice if the OP had approval of every tenant, but she's living in a shared property, this isn't possible. She could have found an alternative tenant (whatever the previous tenant said.,. lets face it if she didn't trust him, how could she trust him to find a more acceptable tenant???).., she didn't.

    So I'm afraid the OP has rather boxed herself in and can't see it. Too busy finding reasons why she couldn't do things which is stopping her seeing that a bit more flexibility might have changed the outcome.
  • lyons123
    lyons123 Posts: 8 Forumite
    Talc1234 wrote: »
    I'm a 48 year old male and rent two rooms out to women in their 20s. Not everyone is as prejudiced as you

    revert to higher up the thread. Thanks :T
  • lyons123
    lyons123 Posts: 8 Forumite
    The OP has already said that she found the tenant who moved out aggressive. However, by suggesting/telling him to move out., that was a big mistake. She could have contacted the LL and asked them to deal with the problem, if they wouldn't, she can put a key on her door.., surely this is better than having to pay for the empty room for x number of months?

    The landlady refused to be involved and refused to put a key on and for the past six months I have felt unsafe, been threatened screamed at on a number of occasions for no reason other than taking his anger out. To be honest Id rather pay the extra to ensure my mental and physical wellbeing is okay as it was actually so draining I had to take six weeks out of university before christmas.
    He also sold cannabis from the property and on a few times made cannabis oil using butane gas, which is extremely dangerous.


    Yes it would be nice if the OP had approval of every tenant, but she's living in a shared property, this isn't possible. She could have found an alternative tenant (whatever the previous tenant said.,. lets face it if she didn't trust him, how could she trust him to find a more acceptable tenant???).., she didn't.

    So I'm afraid the OP has rather boxed herself in and can't see it. Too busy finding reasons why she couldn't do things which is stopping her seeing that a bit more flexibility might have changed the outcome.
    Im sorry if you feel like I have boxed myself in or that I should have tried to be more flexible in this situation however you weren't in my shoes and as much as I am thankful that you've taken the time to reply to my thread. What he was doing was classed as harassment and I dont see why anyone should have to put up with that, whether it be emotional or physical.

    I may have left myself in abit of a pickle with asking him to leave. However I felt like I had no other choice or support. I am also trying my hardest to find a replacement tenant. Im not asking to have the approval of every tenant, nor did I choose my words very wisely, What I meant is that I am just very weary of living with a stranger as previous experiences have left me out of pocket, missing possessions and unpaid bills.
    I dont care about what age/gender that person is what I care about is my stuff being safe. It is also a student property therefore would be unsuitable for someone that age/being a professional.
  • lyons123
    lyons123 Posts: 8 Forumite
    Pixie5740 wrote: »
    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.

    In a joint tenancy you need consent from all the original tenants before a new subtenant can move in also the landlady got guarantors off all of us so I have no idea why she inst perusing his guarantor.

    I think I would have a pretty strong case as both me and the other original tenant have evidence of his abusive behaviour, and could get statements from our downstairs neighbours from all the screaming and banging he used to do. The landlady is also in my favour as he broke the tenancy agreement on quite a few occasions, got noise complaints and didnt look after the property whereas I paid all bills and rent on time and caused no commotion at all.

    That is why she does not want his coming back to the property.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I'm not saying there aren't good reasons for you and the LL not wanting him there. What I am saying is that no matter how bad he might have been, he cannot just be illegally evicted from the property. There are laws and procedures that must be followed to get rid of, shall we say, undesirable, tenants.

    This next part won't necessarily concern you but then again it might. I'd be interested to know how the LL is dealing with the deposit for this joint tenancy with all these tenants coming and going.
  • jjblue
    jjblue Posts: 9 Forumite
    Sounds a bit of a mess, unfortunately, whether you like it or not it is partly of your own making. Sounds like the changes to the household have been done on your say so rather than through the LL or with any sort or officiality to it. It also seems quite messy, could do with getting some things clear to take things forward.


    Who is on the tenancy agreement now?
    Did you each have individual agreements with the LL or one signed by all tenants (whoever they now are)?
    How many people are in the house? If the shortfall is being split 3 ways form what sounds like a houseshare of 3, then surely there is no shortfall?
    Is it a student house, or a house that happens to have students in it?
    Who is responsible for finding a new housemate/tenant?
  • sharp910sh
    sharp910sh Posts: 523 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Sounds like you have to bite your tongue and deal with. You are renting a shared property you are not renting the whole property. You do not have a right to say who will be allowed to in the property. I would just leave and find somewhere else to rent.
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