Flatmate hasnt paid rent

K335D

Hi,
Looking for some advice.
I entered into a joint tenancy agreement earlier this year. The situation was my flatmate has had the lease on the property for some years with his friend. His friend moved-out, and he advertised online privately for someone to take over his exiting flat-mates half of the lease, which I did.
I signed a tenancy agreement via the property managers, but I paid my deposit (£1k) and monthly share of the rent (£1k) to my flatmate, who inturn, paid the estate agent the £2k rent each month.

Fast forward 10 months, we both ended the lease Jan 2020 and the property manager has e-mailed me to say they will not be returning my deposit as £3k is owed as it turns out that the rent hasnt been paid since Nov!!! So they will keep the £2k to offset the £3k arrears, leaving £1k still to be paid.

Do I have anything to stand on here? I have bank statements proving I've been paying my monthly rent payments to my flatmate each month up until Jan 2020...

Can I appeal the retention of my deposit through TDS?
Can they go after me for the further outstanding £1k rent?
Does my bank statements help me in any way (given they show I've paid the rent to my flatmate each month?) I'm more than happy to go all the way with this one, if there's somewhere to actually go.
Can I do anything positive at some form of small claims court against the flatmate?
Any other advice would be appreciated.

davidmcn

If you signed up to joint and several liability then there's nothing wrong with what the landlord is doing. You are entitled to pursue your flatmate for their share.

Comms69

Joint tenancy?

K335D

Yes joint tenancy.
I really want to know from my end, what are the next steps for me.
I refuse to pay further rent given I've paid up until the exit date (with proof) and it's my flatmate that has withheld the rent for the last couple of months.I feel like I've basically paid my flatmate the rent, and he gets to keep that as free money, meanwhile I then need to pay the property management company the same rent I've already paid. Surely, he is equally liable so they should pursue him just as much.
I am happy to "take it all of the way" in court, etc. I just don't know what the next steps are? Just do nothing until the landlords write to me threatening legal action?

sal_III

If it's joint tenancy you are both liable for the full amount of rent. How you managed financials between you is irrelevant for the LL/LA.

The fact is that you are still liable for the outstanding rent and the LL can pursue you in court for it and will win. You don't really want a CCJ against you, I would settle the debt and look to recover the money from the flatmate.

Your flatmate owes you money, you can pursue him for that via MCOL for a small fee and likely to win based on evidence you transferred him money and then paid his share of rent to the LL. How likely you are to recover the money after the court awards then to you is anybody's guess.

Comms69

K335D wrote: »

Yes joint tenancy.
I really want to know from my end, what are the next steps for me.
I refuse to pay further rent given I've paid up until the exit date (with proof) and it's my flatmate that has withheld the rent for the last couple of months.I feel like I've basically paid my flatmate the rent, and he gets to keep that as free money, meanwhile I then need to pay the property management company the same rent I've already paid. Surely, he is equally liable so they should pursue him just as much.
I am happy to "take it all of the way" in court, etc. I just don't know what the next steps are? Just do nothing until the landlords write to me threatening legal action?

Basically you can pursue your flatmate for any costs you suffer, but if the landlord takes you to court, you will lose and you would be better paying

davidmcn

K335D wrote: »

Surely, he is equally liable so they should pursue him just as much.

He is equally liable as far as you and him are concerned, but joint and several liability means the creditor can choose who to pursue. Up to you and him to sort it out if you end up paying more than your fair share, it's not the landlord's problem.

G_M

K335D wrote: »

I signed a joint and several tenancy agreement via the property managers with both our names on the contract, but I paid my deposit (£1k) and monthly share of the rent (£1k) to my flatmate, who inturn, paid the estate agent the £2k rent each month.
.....

Yes?


So you agreed contractually to be responsible for the full rent for the flat. So did your flat mate. Hence "joint" (both of us liable) and "several" (individually liable).


The landlord can sue you for the full rent. And/or
The landlord can sue him for the full rent. And/or
The landlord can sue you both jointly for the full rent.


Landlord's choice.


You can take legal action against your flatmate.

TBagpuss

Can I appeal the retention of my deposit through TDS?

Probably not sucessfully - it's not their, or the landlord's problem how you and your flatmate sorted out the rent.

Can they go after me for the further outstanding £1k rent?

Yes

Does my bank statements help me in any way (given they show I've paid the rent to my flatmate each month?) I'm more than happy to go all the way with this one, if there's somewhere to actually go.

Not against the landlord, as you had joint and several liability

Can I do anything positive at some form of small claims court against the flatmate?

Yes, quite possibly.
You'd need to show that the money was for rent and that the agreement was that he would pay the landlord, and you will need to prove that he didn't pass it on (so you will need the letter or other documents from the landlord / deposit co. showing the debt, as we;l as showing the payments you made.

AbrahamLincoln

As others have said, you're liable and the Landlord is entitled to come after you for the outstanding £3,000.

You're unlikely to be successful in getting the deposit back from the TDS if the landlord notified at least one of you of the 3k shortfall, and therefore proposal to take it from the deposit within 10 days of the end of the tenancy.

You should tell the Landlord that it's your flatmate, not you, who's not been paying. This might encourage them to go after your flatmate, and leave you.

Do you know your ex-flatmates address? You're still between 1 and 3k out of pocket, so you should write to your former flatmate and tell them they need to settle up with the landlord, or you'll take legal action against them for any loss of deposit or rent arrears that the landlord may claim from you.

parkrunner

What does your flatmate say about this?