housemates not paying bills/rent

SF53

Hi,

I am looking for some advice as am afraid to go to my Landlord. We rent privately through an estate agents.
I live with my sister and her partner (who has a child also living with us).
Myself and the partner are the main names on the contract for the house (for rent).

My sister and her partner split up and my sister has now moved out. She is refusing to contribute to rent/bills and her partner cannot pay for her bills/rent as she has now lost her job.
So as it stands the only money being paid is my 1/3 of the rent and y 1/3 of the bills.

Our contract ends in May but I cannot afford to foot the rent/bills for the other two. I literally have no idea what to do or where to turn, please could someone offer some advice?

Thank you

Pixie5740

SF53 wrote: »

Hi,

I am looking for some advice as am afraid to go to my Landlord. We rent privately through an estate agents.
I live with my sister and her partner (who has a child also living with us).
Myself and the partner are the main names on the contract for the house (for rent).

My sister and her partner split up and my sister has now moved out. She is refusing to contribute to rent/bills and her partner cannot pay for her bills/rent as she has now lost her job.
So as it stands the only money being paid is my 1/3 of the rent and y 1/3 of the bills.

Our contract ends in May but I cannot afford to foot the rent/bills for the other two. I literally have no idea what to do or where to turn, please could someone offer some advice?

Thank you

If you and your sister's partner are named on the tenancy agreement then you each have joint and several liability for the rent. In other words there's no such thing as your share because legally you are liable for the total rent. Your sister is not named on the tenancy agreement so has no legal liability to contribute towards the rent.

Similarly the council tax in this situation is the joint and several liability of you and your sister's partner. As your sister no longer lives in the property she has no liability to pay it.

The liability for the utility bills depends on whose name the bill(s) is in.

Check your tenancy agreement to see if there is a break clause which would allow you to end the tenancy before May.

PasturesNew

You really need to just stump up half the rent and half the bills and suck it up.

Two of you live there now, so half the bills are yours. Indeed, you're "better off" as the bills will be less without your sister/child, so bills amount probably won't change in ££ terms.

You should pay half the rent, just because, in the short-term, that's most sensible to do to stop it turning into a massive fight....

It will suck, but it's the cleanest/easiest way of getting out of this without hating them forever.

Top tip: Never share with people who outnumber you, or who are close to you, or whose lives might change in a way that affects you.

Studio flatlets rock.

saajan_12

Is this understanding of the situation correct:
a) you have a joint tenancy with you + partner as named tenants?
b) three of you moved in together with a mutual agreement to pay 1/3 of the rent + bills?

(a) means you and partner are each liable for the full rent; the LL can demand payment from either or bother of you, and would likely choose whoever is easier to chase / more likely to be able to pay. Highlight this to the partner, but if they refuse and you want to avoid a CCJ, you'll need to find the money.

(b) Means you can chase sister + partner for their contributions under your agreement to pay 1/3 each. Would be easier if you had evidence of this agreement e.g. in texts, record of them paying 1/3 regularly.. However the LL isn't involved in this, its up to whoever ends up paying the LL to collect from the other housemates.

Alternatives you may be able to try:
1) Negotiate an early termination with the LL - they may want you to pay reletting costs, rent until a replacement tenant is found, or whatever but if the cost may be less than paying an extra 2/3 rent which you may / may not get back.

2) Is there a spare bedroom that you can get a lodger in to contribute to the rent?

[Deleted User]

Sister has moved out so there is only you there now. So there must be a spare room. What about renting out via AirBnB, or putting it somewhere as a short term lodger agreement?

You would need a tenancy surrender signed by your sister though

Ignore above. I misunderstood.

You will have to get sisters ex to apply for housing benefit. Or ask LL to allow you to surrender tenancy early. But sister's ex may cause problems with this.

marliepanda

deannatrois wrote: »

Sister has moved out so there is only you there now. So there must be a spare room. What about renting out via AirBnB, or putting it somewhere as a short term lodger agreement?

You would need a tenancy surrender signed by your sister though

She lives with her SISTER's partner (and her child...) SISTER isnt named on the tenancy at all (yes Its all a bit random, I get that)

The sister has moved out, I can only assume the sister shared a room with her partner, who is still using that room.

So unless they already had a spare room, I can't see another spare room.

I am reading person A (OP) person B (sisters partner) and a child, so potentially people needing 2/3 rooms.