Can I get fired for this?

Comms69

libramoon175 wrote: »

We are still in the fixed term - we only moved in on september 1 and things have rapidly deteriorated since then. so legally we have signed a 12 month lease, and the outgoing tenant is breaking it, hence causing all these fees.

the outgoing tenant is still on the lease despite having moved out, so how can she not still owe rent? It was due on the 1st and she simply hasn't paid it.

You know that would've been handy to know.....


Anyway, she does owe it, but so do you. and so does housemate 2.


(why did you all sign joint tenancy, you clearly don't even know eachother?!)

libramoon175

big mistake - but they seemed nice and i've had good flatshares before on a joint AST.

FBaby

The issue seems to have arisen from the misunderstanding of what constituted the 'fee' as clearly, it is a breakdown of costs associated with both breaking the lease and starting a new tenancy. The staying tenant was right to tell new tenant that there would be no fee ASSOCIATED with the breaking of the old lease (and indeed, old tenant has agreed to pay for this). Unfortunately, it sounds like they only mention the word 'fee'.

I think the way forward is to pay up, and then speak to new tenant and explained that there was some confusion around the wording 'no fee to pay'. They should really be reasonable and accept that it is right that the fee for renewing the tenancy should be shared. Nothing you can do if they disagree though, unless finding another tenant asap and make it clear this time that there will be a fee. Still losing out on rent though, but nothing much you can do about that.

Tough situation, and very unfair on you who didn't say anything to anyone.

libramoon175

Spoken to my other flatmate (the one not leaving), and she said that whatever happens, this outgoing tenant is responsible for her share of the rent. so even if we pay up now we can take her to court later for her share.
does that seem correct?
outgoing tenant has sent an email saying that she should have had a say in who took the room as it's her financial responsibility and affects her, not just us (remaining tenants). the fact that we decided to take our time in choosing a tenant and therefore spilling over into a new month means we should bear the cost of her share of the rent for that month.
could she take that argument to court and win, and i never get my money back?

Comms69

libramoon175 wrote: »

Spoken to my other flatmate (the one not leaving), and she said that whatever happens, this outgoing tenant is responsible for her share of the rent. so even if we pay up now we can take her to court later for her share.
does that seem correct?
outgoing tenant has sent an email saying that she should have had a say in who took the room as it's her financial responsibility and affects her, not just us (remaining tenants). the fact that we decided to take our time in choosing a tenant and therefore spilling over into a new month means we should bear the cost of her share of the rent for that month.
could she take that argument to court and win, and i never get my money back?

Yes that is correct (ish) you would need to document that was your agreement.


Look this is a total mess. I would STOP all negotiations, tell her you don't agree to her leaving and that be that.

libramoon175

we have more or less stopped all contact now, but as the rent has been due for 14 days, we are going to get an official letter from the agency tomorrow. telling us about court action. nobody is paying anything, and there is currently no incoming tenant (that's willing to pay a share of the fees).

it feels like a stalemate.

Comms69

libramoon175 wrote: »

we have more or less stopped all contact now, but as the rent has been due for 14 days, we are going to get an official letter from the agency tomorrow. telling us about court action. nobody is paying anything, and there is currently no incoming tenant (that's willing to pay a share of the fees).

it feels like a stalemate.

Court action is not even remotely useful at this stage. You can pay up the arrears at any stage. You wont be evicted at this stage.

Running_On_Empty

Just pay it!!!
How many times do you need to be told?
You have a fantastic opportunity for your future with the firm, my nephew is a partner and has worked for them ever since he left university. A really good employer.
Just pay it. Argue later over what she owes you and put this down to experience.
Don't worry I will not be discussing you with my relative!
But delete all references to the firm's name.

Manxman_in_exile

I'm really lost here.


You originally posted a question about how "fees" should be paid. Now you are talking about "rent" not being paid. Not being paid by whom? Everyone? The incoming tenant? The outgoing tenant? Rent is not "fees" - rent is fundamental to your tenancy.


If you can't explain this clearly to us (or perhaps me - cos I'm thick) then you don't understand it yourself and you may want to consider a different career path from accountancy.


If I'm wrong, I apologise, but you are not a good communicator. I suspect KPMG want at least competent accountants and good communicators.

Manxman_in_exile

libramoon175 wrote: »

Well, I'm thinking about moving out as well. It's been a really unpleasant living experience and I understand why this girl is leaving. But god knows i don't want all this drama over fees myself, so i might just have to suck it up for the remainder of the fixed term (10 months!)

But you posted here saying you (well I mean the other remaining tenant and by implication you because you've done nothing to sort this out!) wanted the outgoing tenant to pay something that you and the remaining joint tenants should have sorted out. What did the agreement say about terminating the original tenancy?


If you were fully qualified ICAEW and a friend asked you this (not in a professional relationship) what would common sense say?