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Money Moral Dilemma: Should I keep paying rent?

This week's MoneySaver who wants advice asks...
I'm renting a room off some who's subletting it to me and a letter just arrived telling him to vacate the property due to non-payment of rent.

Unfortunately the MSE team can't always answer money moral dilemma questions as contributions are often emailed in or suggested in person. They are intended to be enjoyed as a point of debate and discussed at face value.

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Comments

  • Blanky123
    Blanky123 Posts: 4 Newbie
    edited 21 August 2018 at 3:40PM
    No. He has been swindling you, and as a result you will be out on your ear pretty soon.


    Your rent money has been going straight in his pocket and he hasn't paid yours, or his rent.


    Save the money and look to get a new place ASAP
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    MSE_Sarah wrote: »
    This week's MoneySaver who wants advice asks...
    I'm renting a room off some who's subletting it to me and a letter just arrived telling him to vacate the property due to non-payment of rent.

    Unfortunately the MSE team can't always answer money moral dilemma questions as contributions are often emailed in or suggested in person. They are intended to be enjoyed as a point of debate and discussed at face value.

    If you haven’t already, join the forum to reply.

    Got a money moral dilemma of your own? [EMAIL=" mmd@moneysavingexpert.com"]Suggest an MMD[/EMAIL].

    [purplesignup][/purplesignup]
    Depends massively on what has officially been done.


    A letter doesn't mean anything, it has no legal implication.
  • This is considered a question?! They have taken your money, pocketed it, and now you are going to get kicked out because you don't have a proper contact. You are a fool!
  • Savvy_Sue
    Savvy_Sue Posts: 47,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    While all the above is true, and the person you've been subletting from may have been in breach of his tenancy even if he HAD been paying the rent, let's establish if this is a social landlord (council or housing association) or a private one.

    If it's a social landlord, I'd go to their offices and ask how you go about getting onto the housing register for a property of your own. I wouldn't hold your breath, but I saw just this happen some years ago - only a whole bunch of us were being shown around what we thought was an abandoned flat as part of our induction! Poor subletter was rather shocked to find all the rent he'd been paying had never got to the landlord.

    He'd managed to demonstrate that he'd looked after the property, so that stood in his favour.
    Signature removed for peace of mind
  • A_pebble_on_the_beach
    A_pebble_on_the_beach Posts: 1 Newbie
    edited 21 August 2018 at 10:01PM
    Housing Advice:

    Your question ‘Should you continue to pay your rent’ I think has been superseded by the more important question ‘Where are YOU going to live’.

    You have an agreement with a person who to you, is your landlord. The letter seeking possession/eviction has informed you that this person is also a tenant, subletting.

    If the property is a social housing property, either from a local council housing department or a housing association, then the person (the tenant) who is letting the property to you, has breached the conditions of their tenancy, and committed a criminal offence.

    If the property is being rented within the private rented sector, then the issue is more a civil issue.

    Whichever of the above is the situation, you yourself have NOT committed any criminal offence, as you have rented the property in good faith, from a person who you thought had the right to rent the property to you. This situation makes you a victim, and of course leaves you in need of having to find another place to live. That makes you affectively homeless, or under immediate threat of homelessness.

    If the landlord is seeking possession of the property for non payment of rent, and the property is a private rented property, then you have the option of speaking directly to the real landlord, to see if you could take on the tenancy and pay rent direct to them. If this is not possible then I would suggest informing the housing options service at your local council as per details below.

    If the landlord is a council housing department, or housing association, then you need to do both of the following things below, in the order that I have put them.

    First you go to your local council’s homeless persons or housing options service. Each council will call there assistance service by a slightly different name. You need to take the letter that tells you that the property is being repossessed, and inform them that you have, within the process, discovered that the real tenant has been subletting the property to you. You of course also inform them that you were led to believe you were renting privately and that the property was a private rented property. Thy will accept you as ‘unintentionally homeless’ and in need of re-housing. Depending upon your own circumstances and family size etc, will depend upon what sort of help and assistance they will be able to provide to you. They may be able to help you apply for local social housing too.

    Secondly you need to then introduce yourself to the real landlord, and inform them that their letter has informed you that you are a victim of housing fraud. If you know where the real tenant is, then they will want to know. As not only has the tenant breached the conditions of the tenancy, but they have committed a criminal offence too. Depending upon how supporting the landlord is willing to be, will depend upon how they usually deal with situations of subletting. Some social housing landlords are more flexible than others. Do remember that you are a victim, and you yourself do have a housing need, and so a good social landlord might provide you with support and assistance too.

    As the post is anonymous – I can only give you the generic information as above, but this should help you very much.

    You can also consider seeking a solicitor within your local area who deals with housing issues.

    I do wish you the best of luck in getting this situation resolved.
  • joehoover
    joehoover Posts: 146 Forumite
    100 Posts
    I don't see how the tenant has been swindled if they were knowingly sub-letting. Presumably you were paying a lesser rate not having the security of your own tenancy? Was this through a mate or did you answer an ad. Have you signed an agreement, even if it won't be worth the paper it's written on as that may be your only recourse if you have to look for emergency housing. But it sounds like you were aware it was sublet so then we need to ask do you know the tenant so you can tell them they've been busted and sort out your monetary gripes with them. Or was it a random advert online or a shop window, and knowing they are already sub letting, and also ripping you off, would not paying rent cause them to turn violent - they are also going to lose the property they think they have secured also and if private would lose their deposit. They could turn quite nasty. Just pack up and go, and learn from it.
  • tallgirld
    tallgirld Posts: 484 Forumite
    Part of the Furniture
    Find somewhere else to live ASAP.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    This is considered a question?! They have taken your money, pocketed it, and now you are going to get kicked out because you don't have a proper contact. You are a fool!
    They do have a proper contract, they are a lodger.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Just to clarify this isn't subletting. MSE have phrased it poorly and not provided context.


    Subletting is when you rent a property and then re-let the whole property.


    This is a classic 'rent a room' lodger situation.
  • Comms69 wrote: »
    Just to clarify this isn't subletting. MSE have phrased it poorly and not provided context.


    Subletting is when you rent a property and then re-let the whole property.


    This is a classic 'rent a room' lodger situation.

    The room IS the whole property. Go back and read it again.
    Anyway, you're quibbling over terms.
    Signature Removed by Forum Team ..thanks to somebody reporting a witty and decades-old Kenny Everett quote as 'offensive'!!
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