Can I get fired for this?

libramoon175

yes, sorry!
There are 3 of us in the flat, plus the incoming tenant who is replacing the girl leaving. The agency recommended we divide the fees between the 4 of us, but when the other tenant (current flatmate, who is staying), found the replacement, she told her, probably quite unfairly, that she didn't have to pay any fees. she believes the girl leaving should foot the bill for the whole thing as she is the one choosing to leave and therefore breaking the contract, which is the cause of these fees.
The tenant leaving agreed to pay just over 1/4 of the fees, but says the replacement tenant needs to pay a share as well because agency fees are standard, so why should she have to cover fees that the tenant would have to pay ordinarily (as we all did when we moved in).
so she paid her share of 288, but now she's found out the replacement tenant is expecting to pay nothing, she has totally flipped out, sending us and the agency nasty emails saying she's not going to put up with any of this ****, etc. This has dragged on so long now that we're in another rent month and she's refusing to pay. she has agreed to forfeit her deposit to cover the month, but the agency can't take the deposit out the scheme, they have to get this deposit from the incoming tenant and simply pass it along. but with the argument over fees, the incoming tenant hasn't paid the deposit.
We have 2 weeks from when rent is due before the agency take action, and that date is the 14th, so they are taking action in a couple of days basically. everyone is refusing to budge so we're at a complete stalemate.

Pennywise

Because of the higher level of "reputation" required of a statutory auditor, and also maybe due to the money laundering regulations, depending upon your role within KPMG, you may well be subject to more regular "fit and proper person" checks rather than just at the start. Also if you apply to join an chartered accountancy institute, they'll also likely do background checks on you. So, yes, potentially this could be career damaging. I'd strongly advise you to pay and claim the money back from your joint tenant afterwards via small claims court. You really don't want to risk your "fit and proper" status if you want a career in accountancy.

jobbingmusician

Agreed. You need to pay the fees and then sort things out with the other tenants. A two stage process. The most important thing is actually that this bill is paid so that you don't risk your employment, or that the matter with your LL doesn't escalate so that you incur further fees (or, worse still, end up homeless!)

FWIW I agree with the incomer - why should she pay fees she has not been told about? And why does the 'other tenant' feel that she should get away scot free with handing out incorrect information? But sorting out who should pay this £288 is minor compared to you risking your professional reputation. If you don't have the money, you could even consider a loan.

libramoon175

i could pay, but who would i take to small claims court? as we are jointly responsible for the fees and there is no specification in the tenancy agreement who should pay for what. all I have the recommendation from the agency that we each pay a share. so I can't claim it back from the tenant who is leaving because she's paid her share, and i can't claim it back from the tenant who is incoming because she was never told about a share.

taking it to small claims - i don't know if it would get me anywhere since technically i'm responsible for these fees as well. and by paying, i'm admitting to that.

also, my primary concern is that this flatmate who is leaving is saying she's going to write a letter to my boss alerting them to the court action (when it happens) and my refusal to pay fees, plus ive supposedly held up this process by refusing perfectly acceptable flatmates (i didn't think they were the right fit) therefore incurring the outgoing tenant an extra months' rent.

iammumtoone

I am not clear on how much you would need to pay to sort this out, regardless of what others think of the situation.

If I am right you need to pay your 288+288 for someone who refuses to pay and that will be the matter sorted?

£575 quid is worth to pay so you don't get a CCJ for anyone let alone someone whos career could depend on it.

I appreciate that pride gets in the way and you think, why should I, I haven't done anything wrong, but sometimes you need to look at the bigger picture. You future could be effected by this and how you will feel when you look back that you messed it up for the sake of a addition £288

EDIT: after you have sorted this at the end of the tennacy move and live with adults who are more responsible and understand the implications of a CCJ.

libramoon175

that's the correct amount. i guess i should just pay it.

jobbingmusician

I think so*. But I think you should pursue the 'other flatmate' for at least half of this, since she was the person who scuppered the willingness of the incomer to pay their share.

*Not that I think you are responsible morally or legally. But I honestly think that paying the extra £288 now will save you FAR more than this in the long run. And if you want to cheer yourself up, think to yourself 'It's worth £288 not to have one of the horrid potential flatmates I rejected'. LET ALONE saving yourself loads of hassle.

You might also like to think about how to protect yourself and your flatmates from anything like this happening again.

libramoon175

and do you think i need to worry about her sending a letter to my superior?

libramoon175

or even the ICAEW? I'm currently taking my exams!

Red-Squirrel_2

libramoon175 wrote: »

thanks everyone.
yeah it's a tricky situation. she doesn't work for the same company as me but she feels the fees are unfair - me and the other tenant feel she should pay them as she is the one moving out, but she is only willing to pay 1/4 (wants me and the other tenant to pay a share, and the incoming tenant). the other flatmate told the incoming tenant he didn't have to pay any fees and the outgoing tenant will pay them all, so shes really annoyed and refusing to pay someone else's share. plus the agency recommended the fee split so in court that might mean something and i don't know if i could take her to small claims over that.

Were you really expecting her to pay nearly £1200 just to move out? If its a joint tenancy surely she could have just given notice and left without being responsible for anything extra? You're very lucky she's contributing to the setup fees for your new tenancy, that doesn't benefit her in any way, at all!