Housemate is refusing to pay rent, am I liable to pay it?

cait1966

It's quite a long explanation but I really need advice so going to try my best to explain.
Men and 5 other friends signed a contract in February for our 3rd year student house, contract starting September. All was fine, our tenancy agreement (which I hadn't noticed before I signed, but have been informed is standard in HMO student housing states that we are all equally and severely libel for the rent. One of my housemates has just decided he isn't going to move in as he doesn't want to pay the rent increase from his current place, a guarantor fee as he has to go through n agency because he doesn't have one, and another deposit (obviously we are all angry as he should have thought about this before signing, he admitted corona and everything hasn't changed his financial position he just doesn't want to spend the money). It is now pretty difficult to find replacement tenants and we have yet had no luck.  Now we are in a position where he refuses to pay the rent meaning the rest of us would've to pay 90 pounds to cover his which is unaffordable we are all students and very stressful. I would really appreciate any advice on options regarding refusing to pay it, getting him to pay the rent legally? If the landlord took us to court could we be forced to pay his rent arrears and the court fees? I can literally only just afford rent and uni, and the stress of this because he has been a c**t is huge. 

Btw... he completely played us. He knew his rights, decided he wanted to save some money and knew that we would be liable for his rent. He has no real reason to not move in and out of any of us he is in the best financial position as his parents help him out loads rubbing salt into the wound 

Comms69

Yes if you have signed a joint tenancy, the landlord can take YOU (just you if he chooses) to court for the outstanding amount. 

Your ability to recoup this from the deliquent housemate would involve court ultimately. 

[Deleted User]

You're jointly and severally, as well as 'severely', liable.

You could potentially pursue him separately for those costs, but it's likely to be a waste of time and money.

However - you say it's unaffordable for you, so presumably you'll all have to pull out and the landlord would pursue you all for the rent - or more likely your guarantors.

Your best bet is to try to get someone else in, even if at an attractive discounted rate.

princeofpounds

Yes, you are liable for his rent. Collectively and individually.

You can pay the LL and sue your housemate for the money through small claims (moneyclaim online) once you have incurred the damages. You should continue trying to mitigate your loss by trying to bring in a replacement. You could try not paying his share and hope the LL pursues him directly, but that will create bad blood with the rest of your and he will probably just chase all of you, especially those of you who he knows where you live!

Personally I would also consider talking to his parents about this if he does not communicate with you. Whilst you cannot ask them to do anything, they may talk sense into him. That's a personal choice - some will advise against it.

AdrianC

cait1966 said:

Men and 5 other friends signed a contract in February for our 3rd year student house, contract starting September. All was fine, our tenancy agreement (which I hadn't noticed before I signed, but have been informed is standard in HMO student housing states that we are all equally and severely libel for the rent. 

And there is your answer.

Yes - even if all five of the others pull out, you are personally liable for the entirety.

So if his monthly rent is £90/mo x 5 = £450/mo, the entire property is £450 x 6 = £2,700/mo...?

kazwookie

Can you find someone to take his place?

macman

Severely libel...so not 3rd year law students then?

AdrianC

macman said:

Severely libel...so not 3rd year law students then?

No, they're all studying English.

bouicca21

Let's be generous and assume it was predictive text.

nyermen

Assuming he has a tenancy agreement too, he's also liable (whether you can get money back from them or their guarantor if they exist, I'm unclear, you mention "he doesn't want to pay the rent increase from his current place, a guarantor fee...", suggesting that guarantors may not yet be in place if he's not paid?).
+1 for finding a replacement, however remember that legally he still has a right to the room currently I think, before you just find someone else.  Not sure what you would have to do here.