Difficult situation with housemate - need help!

duchy

Why did the LL want HM3 to pay three monthly ...... Did they actually mean they wanted him to pay 3 months up front and then monthly so effectively an additional deposit up front ?

Guest101

georow wrote: »

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

What do you mean housemate 3 has a point?

Thanks

Well is he paying monthly? and they are chasing because they didnt get 3 months upfront?

If so, he's entitled to do so. He signe da contract to pay monthly.

georow

I see what you are saying. I have just been to the agency and they have given me a copy of the houses statement showing every payment that has been made. He is currently paying monthly but has missed 4 months over the last 10 months.

Duchy, I meant 3 months up front at a time. So he pays for jan, Feb and March anf the next payment will be for the following three months.

Guest101

So in total your just over a month in arrears? Which would be a trigger for a section 8 notice really.

Think u need to talk to him ASAP. - also consider moving out if there's only 2 months left on the tenancy

georow

Just over a month in arrears thats correct. Whats a section 8 notice? ( New to all this, I am student and this is my first property that i've rented)

Only two months left of university then I will be moving back home so moving out the property isn't an option unfortunately.

Cheers

macman

Section 8 Notice is serving notice on the tenants to repossess the property. On the grounds of breach of contract due to failure to pay your rent. However if paying monthly this can't be used unless you are two months or more in arrears, so it's not going to come to an eviction in the next eight weeks. However you and your paying pal will be jointly and severally liable for the full arrears should the LL think it better to come after you for the arrears-which he will, since you have guarantors.
Next time you rent, check out the implications of 'jointly and severally liable' first.

Guest101

A section 8 cover numerous things, one of which is rent arrears. But since the notice is two months and ur moving home it's not worth taking further.

Talk to ur guarantor ( parents?) and let them know too.

dancingfairy

Well the most obvious thing for him to do would be to prove he's paid (if he has). Therefore we are assuming he hasn't paid and the letting agent is correct.
Basically between you, you owe the missing rent, now whether you pay it, you and your nice housemate spit it, you split it 3 ways, whatever, it doesn't matter it will need to be paid. If it is not paid then the landlord could take you to court.
Between you and nice housemate you will probably need to cover the shortfall and then seek to recoup the money from not so nice housemate through the courts. To do this I suggest you would need a statement from the letting agents, proof of which payments came from you and proof of which came from your nice housemate to demonstrate to the judge who has paid what. Next you will have to convince the judge that you should all be paying thirds. Now your housemate here could argue that he bought the food/paid the council tax or something else and you were going to pay the rent.
Now supposing you won the court case (great). How are you going to actually get the money? You would need to know where he was living to send the bailffs around or where he was working to get an attachment of earnings. It is all possible, but the most likely option is that you and nice housemate pay the arrears to protect your credit ratings and don't pursue not so nice housemate as it is likely to not be worth the time and effort (and money) of taking him to court
df