Housemate refusing to pay rent

aturton0116

I've been living in a flat and have an assured shorthold tenancy. There are 4 of us and we all pay different rent amounts, our contract doesn't state how it is divided and all the rent comes out my account.
6 weeks ago one of the housemates said she was going to be moving out at the end of March which we were fine with and she told the estate agents.
The person who we were going to have move in has been delayed last minute and so can't move in at the beginning of April anymore but can sometime during April. Our rent is due on the 30th of each month.
We let the current housemate know at the beginning of the week that she needs to pay the rent for April but she is refusing saying that she gave us enough notice of moving out and that it isn't fair. We don't think its right that we should cover her rent.
Is there any legal action (like small claims court) that we can pursue to get this money back if she refuses to pay?
EDIT: we believe that she has the ability to pay the rent but is just refusing to

lalna

Who is listed on the rental agreement?

aturton0116

All 4 of us

Socajam

I am failing to understand why she should pay for April.
She gave you 6 weeks notice of moving out. You found someone to take her place and now this person is delayed and you want your current room mate to pay.  This logic does not make sense.
If the new person cannot move in until later in April, that on the other 3 of you, nothing to do with the one moving out.
Now, if your flatmate cannot move out in April, then yes, she is liable for April's rent, but if her move goes ahead, then the 3 of you need to split the rent.
Ideally, the new flatmate should pay a portion of April's rent.

Murphybear

Bear in mind that in these extraordinary times it could take a long time to go through the small claims court and even if you win getting the money could be tricky.

Have  you spoken to the LL, he may be prepared to wait for some of the rent.  It’s worth a try and if the rest of you can’t cover it then you must speak to him anyway rather than not paying all of it but saying nothing.  

JessJ23425

Wouldn't she only be liable until you'd found someone else to take her place?
Why is it her responsibility that the new tenant can't move in, surely the new person should be paying this, especially as she plans to move in during April?

JayRitchie

Are you jointly and severally liable for the rent?

aturton0116

Murphybear said:

Bear in mind that in these extraordinary times it could take a long time to go through the small claims court and even if you win getting the money could be tricky.

Have  you spoken to the LL, he may be prepared to wait for some of the rent.  It’s worth a try and if the rest of you can’t cover it then you must speak to him anyway rather than not paying all of it but saying nothing.  

Thanks Murphy, if the court found in our favour and she was able to pay how would she avoid paying and wouldn't the consequences be quite high for her?
Would it weaken our position of going to small claims court if we paid the full amount to stop going in to arrears? We're going to talk to the LL for sure though

aturton0116

JessJ23425 said:

Wouldn't she only be liable until you'd found someone else to take her place?
Why is it her responsibility that the new tenant can't move in, surely the new person should be paying this, especially as she plans to move in during April?

Yes we've found someone but the contract change hasn't happened yet. The new person has been delayed moving out of their current place. For sure its not a good situation for anyone but if she doesn't pay that just leaves us and the new tenant to pay it which isn't fair.
As soon as the new person is able to move in in April we will refund the old tenant the amount of rent for that time. As in if there's 2 weeks left of the month we'll send her 2 weeks worth of rent.

aturton0116

JayRitchie said:

Are you jointly and severally liable for the rent?

Yeah that's correct

Socajam

aturton0116 said:

JessJ23425 said:

Wouldn't she only be liable until you'd found someone else to take her place?
Why is it her responsibility that the new tenant can't move in, surely the new person should be paying this, especially as she plans to move in during April?

Yes we've found someone but the contract change hasn't happened yet. The new person has been delayed moving out of their current place. For sure its not a good situation for anyone but if she doesn't pay that just leaves us and the new tenant to pay it which isn't fair.
As soon as the new person is able to move in in April we will refund the old tenant the amount of rent for that time. As in if there's 2 weeks left of the month we'll send her 2 weeks worth of rent.

This does not make sense, if you have in mind to repay her, just pay the rent between the 3 of you and move on.
She gave you 6 weeks notice, you found someone who now cannot move in on the specified date, you now wants the current flatmate to pay rent for a place that she is leaving - and given sufficient notice for.
I would tell you take me to court.