Difficult situation with housemate - need help!

georow

Hello all,

I would love to get some advice as at the moment I have no idea where to proceed.

Ill keep it as concise as possible. This is my second year in this property with the contract running out in June, I live with 2 other housemates. One of which hasn't paid rent in 3 months and we are being chased by the letting agency with obvious threats that as we have a joint contract we are liable for what housemate 3 doesn't pay.

Now, after the first year of the lease we decided to take the house for another year, but housemate 3's guarantor dropped out and they couldn't find another one. The landlord and agency we go through agreed with housemate 3 that he could stay in the house without a guarantor if he paid 3 months rent at a time, which he has not followed through with.

For obvious reasons myself and housemate 2 are not happy about the fact that as he doesn't have a guarantor they are going to chase us first for the missing rent.

Would love some advice as I don't really know where we stand in this.

Thank you.

Guest101

Doesnt matter who has a guarantor.

The LL (or his agent) can chase you, or the other housemate, or your guarantor, or the other guarantor, or all of you, or any combination there-of.

Next time try to get individual tenancy agreements.

Pixie5740

How did housemate 3's guarantor drop out? Did you sign a new 12 month tenancy at the start of year 2? Not that I think that means guarantors can just drop out.

What does housemate 3 have to say for themselves? Why are they not paying rent?

georow

I believe the guarantor dropped out because their financial situation changed and they weren't able to commit to another year as guarantor, at least this is what housemate 3 said.

We did sign a new 12 months tenancy at the start of year 2.

Housemate three denies he hasn't been paying the rent, obvious lies. We can't get through to him he just flat out denies it. Any attempt to get him to come with us to the letting agency so he can prove he has paid it has failed.

HouseBuyer77

Whilst the LL can claim the money off you can they specifically take the two of you to court leaving out the third housemate? It seems that if they are suing for the rent they would have to name all three of you (c.f. a recent thread where it was advised where the 'tenant' is a group of people all must be named on an S.21 as an invidually named S.21 may not be valid, even if seperately issued to every person on the agreement).

Perhaps you can take the third housemate to the small claims court yourself? Though I suspect you can only do that once the LL have successfully claimed the rent back off you (before then you have suffered no loss as a result of their actions).

Guest101

Pixie5740 wrote: »

How did housemate 3's guarantor drop out? Did you sign a new 12 month tenancy at the start of year 2? Not that I think that means guarantors can just drop out.

What does housemate 3 have to say for themselves? Why are they not paying rent?

If they signed a new agreement, the guarantors would be asked again to sign the deed - which means they would have to see the tenancy agreement (even if it was exactly the same) so if they then refused, they would in effect 'drop out'.

To be fair, it's mostly irrelavent. The OP said theyre joint tenants. So even if number 3 had a guarator, the LA/LL could and probably would chase all 3 (+2 Guarantors)

- Never ever rent with other joint tenants personally.

Pixie5740

Ask the letting agency to provide a rent statement so it's there in black and white.

I don't think guarantors can just drop out. Someone more knowledgeable can correct me on this but I think because your still in the same property then the original deed of guarantee still stands.

Can I just check that you're in England or Wales?

Edit: Guest101 was posting at the same time.

Guest101

HouseBuyer77 wrote: »

Whilst the LL can claim the money off you can they specifically take the two of you to court leaving out the third housemate? It seems that if they are suing for the rent they would have to name all three of you (c.f. a recent thread where it was advised where the 'tenant' is a group of people all must be named on an S.21 as an invidually named S.21 may not be valid, even if seperately issued to every person on the agreement).

Perhaps you can take the third housemate to the small claims court yourself? Though I suspect you can only do that once the LL have successfully claimed the rent back off you (before then you have suffered no loss as a result of their actions).

Any party can be taken to court individually, that person can try to name additional defendants in the case. So in this case housemate 3.

Alternatively, you are correct, whoever was taken to court could themselves bring a small claims proceeding against house mate 3.

georow

I am in England yes. When we were about to renew for the second year, housemate 3's guarantor said they couldn't do it anymore. After a week or two of back and fourths with the letting agency/LL the landlord suggested that we stay in the house for another year and that housemate 3 pays three months at a time and doesn't have a guarantor.

So the guarantor didn't technically 'drop out',they just didnt start year 2.

Guest101

georow wrote: »

I am in England yes. When we were about to renew for the second year, housemate 3's guarantor said they couldn't do it anymore. After a week or two of back and fourths with the letting agency/LL the landlord suggested that we stay in the house for another year and that housemate 3 pays three months at a time and doesn't have a guarantor.

So the guarantor didn't technically 'drop out',they just didnt start year 2.

Forget what was said. What does your tenancy agreement say.

there is one agreement, it is binding on all of you.

So if it says paid monthly, that's what it should be. - starting to think housemate 3 might have a point, if hes paying monthly.

georow

The tenancy agreement states that the rent should be paid monthly..

What do you mean housemate 3 has a point?

Thanks