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Ex Housemate Trying To Take me to Small Claims
kandy22
Posts: 6 Forumite
Hello,
I met my partner, 7-8 months ago and he lived in a house share with a good friend called RA.
He moved in mid-way through her tenancy agreement that she took out in just her name on a 2-bedroom house. The rental bill was paid at the end on the 28th of each month by her. It was a big rush to leave the house he lived in with his ex. He moved in with RA half way through August. He was then added onto the rental agreement from September. She kindly paid the admin bill to add him on to which he paid her back. He paid her a set amount on the 28th of each month that covered all bills. All utility bills where in her name. Both names where on rental agreement and council tax bill from September
They discussed changing internet providers. RA cancelled her own providers contract and then later reinstated it after deciding the decision to move would cost more in the long run. Due to cancelling and reinstating there was a charge to which RA expects my partner to pay half of. I have asked him in depth as to why RA cancelled before they even got to pricing up changing providers to which he says he had no idea RA had cancelled it to begin with. (Internet was and remained in RA’s name)
RA seemed nice enough but the living situation was a bit grim. For this reason, my partner never left his bedroom (which was the only room in the house to have bad damp) and RA used the whole house (to be fair it was all of RA belongings) I got to the point I was sick of cleaning up after RA when I was round to visit.
My partner wanted out but he knew it would be a struggle and he could barely get by as it was. We wanted to wait and save up so when we got our own place, we had money to spend getting second hand things for us to get by. Eventually RA gave my partner one months’ notice. He either found a place to go within the month or the place was all his. He did not want the house, he rented just the room in his eyes. We took up the chance to move in together. Due the timing they had to pay until the end of September even though they would move out in August.
My partner moved out 2 weeks before RA did, he was fully aware he was still responsible for his share and he paid up like normal.
When we moved in together, I informed the council we had and requested a bill for the remaining year. We got our joint bill and then he got a bill for the old address. RA has told the council she had left and he was still living there so the bill was all his. My partner rang up and this was all confirmed over the phone. He was not happy. The last payment he made in September included his council tax bill to RA! He told the tax man this and ended up paying £5.00 because he was single occupancy for a day or so. Then the council billed them for an empty property (which is less than if they were living there) my partner did not incur the cost of that bill as again it was sent over in his final payment. RA was responsible.
Then came the messages claiming he owed RA money. First was admin fee for when he moved in, he had in fact failed to sent all of the amount and owed £40.00 to which he paid up straight away once he was aware.
Second was £80 for the cancellation of the internet, he refused to pay this as he never asked RA to cancel or had any involvement in their contract with the internet providers.
Lastly was September’s rent to which he has paid in full. We feel this may be reflecting the first August payment when he moved in to which RA has not made this clear so I will indeed look into this on bank statements. If it was for half the month before he went on the agreement, does he need to pay as he was not on the statement if this is a missing month (sadly he can recall as he was a bit upset at the time)
He is really panicking now as she is trying to take him to small claims court, I would like him to contest this in court but he is so worried and he can barely afford to pay her as it stands just to get RA of his back. I feel he has a very good chance of winning and would like to build up counter evidence for the small courts including messages and bank transfers.
There are a lot of forums on how to claim from a housemate but I can’t find any on the above.
He has paid the £40.00 admin bill he generally forgot to send over last year but RA is still claiming he has not paid. He has contact citizens advise who told him to get a solicitor but they would like £120 just to talk for 1 hour, money we just do not have. Whilst yes, he could pay RA off £10 a month, I personally feel he should not allow RA to do this to him. He is kind hearted man who just wants what is best and easy. I will support whatever he decides to do and whatever the outcome. I would just like to have some advice to aid him in the decision he needs to make.
Any personal or professional advice is greatly welcome
Thank you so much
I met my partner, 7-8 months ago and he lived in a house share with a good friend called RA.
He moved in mid-way through her tenancy agreement that she took out in just her name on a 2-bedroom house. The rental bill was paid at the end on the 28th of each month by her. It was a big rush to leave the house he lived in with his ex. He moved in with RA half way through August. He was then added onto the rental agreement from September. She kindly paid the admin bill to add him on to which he paid her back. He paid her a set amount on the 28th of each month that covered all bills. All utility bills where in her name. Both names where on rental agreement and council tax bill from September
They discussed changing internet providers. RA cancelled her own providers contract and then later reinstated it after deciding the decision to move would cost more in the long run. Due to cancelling and reinstating there was a charge to which RA expects my partner to pay half of. I have asked him in depth as to why RA cancelled before they even got to pricing up changing providers to which he says he had no idea RA had cancelled it to begin with. (Internet was and remained in RA’s name)
RA seemed nice enough but the living situation was a bit grim. For this reason, my partner never left his bedroom (which was the only room in the house to have bad damp) and RA used the whole house (to be fair it was all of RA belongings) I got to the point I was sick of cleaning up after RA when I was round to visit.
My partner wanted out but he knew it would be a struggle and he could barely get by as it was. We wanted to wait and save up so when we got our own place, we had money to spend getting second hand things for us to get by. Eventually RA gave my partner one months’ notice. He either found a place to go within the month or the place was all his. He did not want the house, he rented just the room in his eyes. We took up the chance to move in together. Due the timing they had to pay until the end of September even though they would move out in August.
My partner moved out 2 weeks before RA did, he was fully aware he was still responsible for his share and he paid up like normal.
When we moved in together, I informed the council we had and requested a bill for the remaining year. We got our joint bill and then he got a bill for the old address. RA has told the council she had left and he was still living there so the bill was all his. My partner rang up and this was all confirmed over the phone. He was not happy. The last payment he made in September included his council tax bill to RA! He told the tax man this and ended up paying £5.00 because he was single occupancy for a day or so. Then the council billed them for an empty property (which is less than if they were living there) my partner did not incur the cost of that bill as again it was sent over in his final payment. RA was responsible.
Then came the messages claiming he owed RA money. First was admin fee for when he moved in, he had in fact failed to sent all of the amount and owed £40.00 to which he paid up straight away once he was aware.
Second was £80 for the cancellation of the internet, he refused to pay this as he never asked RA to cancel or had any involvement in their contract with the internet providers.
Lastly was September’s rent to which he has paid in full. We feel this may be reflecting the first August payment when he moved in to which RA has not made this clear so I will indeed look into this on bank statements. If it was for half the month before he went on the agreement, does he need to pay as he was not on the statement if this is a missing month (sadly he can recall as he was a bit upset at the time)
He is really panicking now as she is trying to take him to small claims court, I would like him to contest this in court but he is so worried and he can barely afford to pay her as it stands just to get RA of his back. I feel he has a very good chance of winning and would like to build up counter evidence for the small courts including messages and bank transfers.
There are a lot of forums on how to claim from a housemate but I can’t find any on the above.
He has paid the £40.00 admin bill he generally forgot to send over last year but RA is still claiming he has not paid. He has contact citizens advise who told him to get a solicitor but they would like £120 just to talk for 1 hour, money we just do not have. Whilst yes, he could pay RA off £10 a month, I personally feel he should not allow RA to do this to him. He is kind hearted man who just wants what is best and easy. I will support whatever he decides to do and whatever the outcome. I would just like to have some advice to aid him in the decision he needs to make.
Any personal or professional advice is greatly welcome
Thank you so much
0
Comments
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I tried to read it all but struggled, but the short version is, rent was set at X to include all bills. The bill payer incurred fees for a bill in their name and they want half of them as extra to the monthly rent.
I doubt they will bother going the whole way and going to court but defense would be, the monthly rent was set to include all bills, unfair to add additional cost for a bill in someone elses name.0 -
Hello,
I met my partner, 7-8 months ago and he lived in a house share with a good friend called RA.
He moved in mid-way through her tenancy agreement that she took out in just her name on a 2-bedroom house. The rental bill was paid at the end on the 28th of each month by her. It was a big rush to leave the house he lived in with his ex. He moved in with RA half way through August. He was then added onto the rental agreement from September. She kindly paid the admin bill to add him on to which he paid her back. He paid her a set amount on the 28th of each month that covered all bills. All utility bills where in her name. Both names where on rental agreement and council tax bill from September
They discussed changing internet providers. RA cancelled her own providers contract and then later reinstated it after deciding the decision to move would cost more in the long run. Due to cancelling and reinstating there was a charge to which RA expects my partner to pay half of. I have asked him in depth as to why RA cancelled before they even got to pricing up changing providers to which he says he had no idea RA had cancelled it to begin with. (Internet was and remained in RA’s name)
RA seemed nice enough but the living situation was a bit grim. For this reason, my partner never left his bedroom (which was the only room in the house to have bad damp) and RA used the whole house (to be fair it was all of RA belongings) I got to the point I was sick of cleaning up after RA when I was round to visit.
My partner wanted out but he knew it would be a struggle and he could barely get by as it was. We wanted to wait and save up so when we got our own place, we had money to spend getting second hand things for us to get by. Eventually RA gave my partner one months’ notice. He either found a place to go within the month or the place was all his. He did not want the house, he rented just the room in his eyes. We took up the chance to move in together. Due the timing they had to pay until the end of September even though they would move out in August.
My partner moved out 2 weeks before RA did, he was fully aware he was still responsible for his share and he paid up like normal.
When we moved in together, I informed the council we had and requested a bill for the remaining year. We got our joint bill and then he got a bill for the old address. RA has told the council she had left and he was still living there so the bill was all his. My partner rang up and this was all confirmed over the phone. He was not happy. The last payment he made in September included his council tax bill to RA! He told the tax man this and ended up paying £5.00 because he was single occupancy for a day or so. Then the council billed them for an empty property (which is less than if they were living there) my partner did not incur the cost of that bill as again it was sent over in his final payment. RA was responsible.
Then came the messages claiming he owed RA money. First was admin fee for when he moved in, he had in fact failed to sent all of the amount and owed £40.00 to which he paid up straight away once he was aware.
Second was £80 for the cancellation of the internet, he refused to pay this as he never asked RA to cancel or had any involvement in their contract with the internet providers.
Lastly was September’s rent to which he has paid in full. We feel this may be reflecting the first August payment when he moved in to which RA has not made this clear so I will indeed look into this on bank statements. If it was for half the month before he went on the agreement, does he need to pay as he was not on the statement if this is a missing month (sadly he can recall as he was a bit upset at the time)
He is really panicking now as she is trying to take him to small claims court, I would like him to contest this in court but he is so worried and he can barely afford to pay her as it stands just to get RA of his back. I feel he has a very good chance of winning and would like to build up counter evidence for the small courts including messages and bank transfers.
There are a lot of forums on how to claim from a housemate but I can’t find any on the above.
He has paid the £40.00 admin bill he generally forgot to send over last year but RA is still claiming he has not paid. He has contact citizens advise who told him to get a solicitor but they would like £120 just to talk for 1 hour, money we just do not have. Whilst yes, he could pay RA off £10 a month, I personally feel he should not allow RA to do this to him. He is kind hearted man who just wants what is best and easy. I will support whatever he decides to do and whatever the outcome. I would just like to have some advice to aid him in the decision he needs to make.
Any personal or professional advice is greatly welcome
Thank you so much
Quoted before it vanishes.0 -
I'll try to focus on the relevant parts
No reason to pay off RA..
[STRIKE]He moved in mid-way through her tenancy agreement that she took out in just her name on a 2-bedroom house. The rental bill was paid at the end on the 28th of each month by her. It was a big rush to leave the house he lived in with his ex. He moved in with RA half way through August. [/STRIKE]He was then added onto the rental agreement from September.
So a new joint and several tenancy in both names?
Deposit taken? Protected?
[STRIKE]She kindly paid the admin bill to add him on to which he paid her back.[/STRIKE] He paid her a set amount on the 28th of each month that covered all bills. All utility bills where in her name. Both names where on rental agreement and council tax bill from September
So she took responsibility for paying th rent and utilities etc.
[STRIKE]They discussed changing internet providers.[/STRIKE] RA cancelled her own providers contract and then later reinstated it [STRIKE]after deciding the decision to move would cost more in the long run.[/STRIKE] Due to cancelling and reinstating there was a charge to which RA expects my partner to pay half of.
So down to her. Does his monthly payment to her include half the internet charge?
[STRIKE]I have asked him in depth as to why RA cancelled before they even got to pricing up changing providers to which he says he had no idea RA had cancelled it to begin with. (Internet was and remained in RA’s name)[/STRIKE]
[STRIKE]RA seemed nice enough but the living situation was a bit grim. For this reason, my partner never left his bedroom (which was the only room in the house to have bad damp) and RA used the whole house (to be fair it was all of RA belongings) I got to the point I was sick of cleaning up after RA when I was round to visit.[/STRIKE]
My partner wanted out but he knew it would be a struggle and he could barely get by as it was.
'Wanted out'? What were the terms of the tenancy agreement? Fixed term? Dates? Any Break Clause?
[STRIKE]We wanted to wait and save up so when we got our own place, we had money to spend getting second hand things for us to get by. [/STRIKE]Eventually RA gave my partner one months’ notice.
Meaningless. They were joint tenants. One joint tenant cannot give the other notice.
He either found a place to go within the month or the place was all his.
So she was threatening to move out? That would not end her legal tenancy obligations.
He did not want the house, he rented just the room in his eyes.
Maybe 'in his eyes' but legally he was a joint tenant for the whole house.
We took up the chance to move in together. Due the timing they had to pay until the end of September even though they would move out in August.But the joint tenancy continued yes?
My partner moved out 2 weeks before RA did, he was fully aware he was still responsible for his share and he paid up like normal.
'paid like normal'. Paid what? Half the rent and bills to RA? Paid the full rent to the landlord? Or what?
[STRIKE]When we moved in together, I informed the council we had and requested a bill for the remaining year. We got our joint bill and[/STRIKE] then he got a bill for the old address. RA has told the council she had left and he was still living there so the bill was all his.
Well if that is what the council believed that is who they would bill.
My partner rang up and this was all confirmed over the phone. He was not happy. The last payment he made in September To RA? included his council tax bill to RA!
He told the tax man this and ended up paying £5.00 because he was single occupancy for a day or so.
So has the tenancy ended?
Is it a fixed term tenancy (in which case council tax continues to be due), or Priodic (in which case CT is not due once the tenant vacates).
Then the council billed them for an empty property (which is less than if they were living there) my partner did not incur the cost of that bill as again it was sent over in his final payment. RA was responsible.OK.
Then came the messages claiming he owed RA money. First was admin fee for when he moved in, he had in fact failed to sent all of the amount and owed £40.00 to which he paid up straight away once he was aware. OK
Second was £80 for the cancellation of the internet, he refused to pay this as he never asked RA to cancel or had any involvement in their contract with the internet providers. OK
Lastly was September’s rent to which he has paid in full.
To RA? Actually it is owed to the landlord, not RA.
We feel this may be reflecting the first August payment when he moved in to which RA has not made this clear so I will indeed look into this on bank statements. If it was for half the month before he went on the agreement, does he need to pay as he was not on the statement if this is a missing month (sadly he can recall as he was a bit upset at the time)
What date was the joint tenancy created?
What date(s) did he pay rent, o cover what periods?
Has RA ben paying the rent to the landlord?
Has the tenancy ended if so what date?
What about rent in October? November?
He is really panicking now as she is trying to take him to small claims court,
Does not sound like she has much of a case.
I would like him to contest this in court but he is so worried and he can barely afford to pay her as it stands just to get RA of his back. I feel he has a very good chance of winning and would like to build up counter evidence for the small courts including messages and bank transfers.
Sounds like he has good defense against RA's claim, though you need to post here the exact wording of her claim.
More worrying is his potential debt as joint tenant to the landlord.....
[STRIKE]There are a lot of forums on how to claim from a housemate but I can’t find any on the above.
He has paid the £40.00 admin bill he generally forgot to send over last year but RA is still claiming he has not paid. [/STRIKE]He has contact citizens advise who told him to get a solicitor [STRIKE]but they would like £120 just to talk for 1 hour, money we just do not have.[/STRIKE]Waste of money Whilst yes, he could pay RA off £10 a month, I personally feel he should not allow RA to do this to him. [STRIKE]He is kind hearted man who just wants what is best and easy. I will support whatever he decides to do and whatever the outcome. I would just like to have some advice to aid him in the decision he needs to make.
Any personal or professional advice is greatly welcome
Thank you so much[/STRIKE]
Has she actually started a legal claim (if so exact wording please) or just threatened to? Probably false threats. Ignore.0 -
I think I'd want to be seeing where the tenancy defined "all bills" before anything else. Is internet access a bog-standard utility? Debatable.
I'm sure that sitting down with each other and some sensible attitudes can rescue this silliness. One thing I don't see in there is how much is actually being argued about.0
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