Stuck paying £875pm until April?!

Pixie5740

bcc888 said:

I moved into a flat with a guy I didnt know and signed a joint tenancy agreement until April 2022. No break clause

Flatmate moved girlfriend into property without asking, no offer of contribution to rent/bills. My enjoyment of the property was made uncomfortable, having to share bathroom and small kitchen and having to sit with the couple in the living room and not have any enjoyment of the flat on my own (I became a recluse in my bedroom) 

I would have never signed the tenancy agreement had I know I would be sharing with a couple.

I left the property in July, I didnt want to live somewhere I wasn't happy and thought the room could be relet (they would find someone to take my place on the lease).  

Flatmate says he has had viewings on Spareroom but I am dependent on him confirming someone and signing a new lease. I am aware he and his gfd could be quite comfortable in 'their place' with me paying half the rent until April. 

Lettings company told me its likely the LL won't care as long as rent is being paid.  I havent informed the landlord myself I have left the property but the lettings agent is aware

It seems there isn't much I can do as Im legally bound by the contract.

Although she is living there she could be called a 'guest'.  

Solicitor advises the only thing I could do is try to reclaim lost money holding a case against my flatmate. 

I have needed to leave London and living back at home unable to make any decisions about my future as I can't support myself paying out £875 for a room I dont live in. It's affected my mental health as a result.

Any advice would be greatly appreciated

Thank you

If your flatmate wants his girlfriend to there then, with the landlord’s agreement, the tenancy could be varied from you and him to him and her. I can’t see many people on Spareroom wanting to pay half of everything when sharing with a couple. 

In your situation I would stop paying the rent and stop trying to appease him. I would find myself a new place, move out and ignore the !!!!!!’s emails. 

Who is the lead tenant for the deposit? 

Pixie5740

MaryNB said:

breaking_free said:

^I'm with Sistergold on this. How easy are you to track down? If the only contact details you've left are an email address you could chance your arm at stopping paying the rent. If ex-flatmate and landlord don't know where you are then they can't collect.

If somebody owed me £6k I'd pay someone to track them down! I replaced a tenant who owed the other tenants about £1200. I never met her but still managed to find her parents' home address online. Other tenants didn't bother pursuing it but still, didn't take me long to get some information. 

Say OP chances their arm, but the former flatmate/landlord gets an address, makes a claim, OP gets a CCJ against them and can't rent or get a mortgage for ages. 

If the flatmate attempted to track the OP down for not paying rent I would counterclaim that he moved his freeloading girlfriend into the property.  I think talk of a CCJ is scaremongering.

Sistergold

[Deleted User] said:

Sistergold said:

As @canaldumidi has pointed out for you to have a CCJ against you it’s a process and as OP has been advised he will need to keep the rent on the side. Not paying is to make the whole thing not as comfortable for the offending tenant and girlfriend and also estate agent and landlord. Even if the other tenant wanted to find replacement they might fail to do so and at present not much urgency as OP iS paying. 

OP needs to write again to estate agents about why he has had to move out and that since other tenant has new person in place(girlfriend) he will henceforth not be paying rent as he was squeezed out of the flat. He needs to mention how he has told them previously and how his mental health has deteriorated due to nothing being done and the overcrowding. Also he needs to point out he has already overpaid as there had now been 3 people in the flat instead of two but rent was still being split two ways. 

If he continues paying everybody in this arrangement will just let it take as long as and nothing will change. 

UnIess I am missing something, I think it's a long shot to appeal to the landlord. The point of joint and several liability is not to get involved with tenants on an individual basis. The very essence of it is that it is not the landlords concern how the rent is split. Also if landlord has rent/legal insurnace in place as he perhaps should, he will simply follow those processes to ensure he is not out of pocket.

Is it not the estate agent / landlords responsibility to evict squatters? OP wants to pay but at present it’s become impossible for him to live in the house. Rent will still come but from tenant whose girlfriend has moved in. Other tenant and girlfriend are enjoying the flat at half the rent, they have shown to be very inconsiderate of the OP! Somehow I feel not paying rent for now with the intention to pay will bring the situation to a head? The landlord can claim, I think rent has to be missed for X period then claim? Still I think it will cause someone somehow to look into the living arrangements? As long as OP pays rent nothing else will happen, doing nothing is the worst one can do. 

Best not be found to be a victim. This whole process just needs a bit of spine, ruffle some feathers then pay when it’s no longer avoidable. Payments will still be made but just not now but not paying will just show that OP will not take it all lying down.

Pixie5740

Sistergold said:

[Deleted User] said:

Sistergold said:

As @canaldumidi has pointed out for you to have a CCJ against you it’s a process and as OP has been advised he will need to keep the rent on the side. Not paying is to make the whole thing not as comfortable for the offending tenant and girlfriend and also estate agent and landlord. Even if the other tenant wanted to find replacement they might fail to do so and at present not much urgency as OP iS paying. 

OP needs to write again to estate agents about why he has had to move out and that since other tenant has new person in place(girlfriend) he will henceforth not be paying rent as he was squeezed out of the flat. He needs to mention how he has told them previously and how his mental health has deteriorated due to nothing being done and the overcrowding. Also he needs to point out he has already overpaid as there had now been 3 people in the flat instead of two but rent was still being split two ways. 

If he continues paying everybody in this arrangement will just let it take as long as and nothing will change. 

UnIess I am missing something, I think it's a long shot to appeal to the landlord. The point of joint and several liability is not to get involved with tenants on an individual basis. The very essence of it is that it is not the landlords concern how the rent is split. Also if landlord has rent/legal insurnace in place as he perhaps should, he will simply follow those processes to ensure he is not out of pocket.

Is it not the estate agent / landlords responsibility to evict squatters? OP wants to pay but at present it’s become impossible for him to live in the house. Rent will still come but from tenant whose girlfriend has moved in. Other tenant and girlfriend are enjoying the flat at half the rent, they have shown to be very inconsiderate of the OP! Somehow I feel not paying rent for now with the intention to pay will bring the situation to a head? The landlord can claim, I think rent has to be missed for X period then claim? Still I think it will cause someone somehow to look into the living arrangements? As long as OP pays rent nothing else will happen, doing nothing is the worst one can do. 

Best not be found to be a victim. This whole process just needs a bit of spine, ruffle some feathers then pay when it’s no longer avoidable. Payments will still be made but just not now but not paying will just show that OP will not take it all lying down.

There aren’t any squatters in this scenario. 

A landlord is your landlord, not your mum. Landlords aren’t in a position to regulate the guests tenants invite into their homes. 

Sistergold

Pixie5740 said:

Sistergold said:

[Deleted User] said:

Sistergold said:

As @canaldumidi has pointed out for you to have a CCJ against you it’s a process and as OP has been advised he will need to keep the rent on the side. Not paying is to make the whole thing not as comfortable for the offending tenant and girlfriend and also estate agent and landlord. Even if the other tenant wanted to find replacement they might fail to do so and at present not much urgency as OP iS paying. 

OP needs to write again to estate agents about why he has had to move out and that since other tenant has new person in place(girlfriend) he will henceforth not be paying rent as he was squeezed out of the flat. He needs to mention how he has told them previously and how his mental health has deteriorated due to nothing being done and the overcrowding. Also he needs to point out he has already overpaid as there had now been 3 people in the flat instead of two but rent was still being split two ways. 

If he continues paying everybody in this arrangement will just let it take as long as and nothing will change. 

UnIess I am missing something, I think it's a long shot to appeal to the landlord. The point of joint and several liability is not to get involved with tenants on an individual basis. The very essence of it is that it is not the landlords concern how the rent is split. Also if landlord has rent/legal insurnace in place as he perhaps should, he will simply follow those processes to ensure he is not out of pocket.

Is it not the estate agent / landlords responsibility to evict squatters? OP wants to pay but at present it’s become impossible for him to live in the house. Rent will still come but from tenant whose girlfriend has moved in. Other tenant and girlfriend are enjoying the flat at half the rent, they have shown to be very inconsiderate of the OP! Somehow I feel not paying rent for now with the intention to pay will bring the situation to a head? The landlord can claim, I think rent has to be missed for X period then claim? Still I think it will cause someone somehow to look into the living arrangements? As long as OP pays rent nothing else will happen, doing nothing is the worst one can do. 

Best not be found to be a victim. This whole process just needs a bit of spine, ruffle some feathers then pay when it’s no longer avoidable. Payments will still be made but just not now but not paying will just show that OP will not take it all lying down.

There aren’t any squatters in this scenario. 

A landlord is your landlord, not your mum. Landlords aren’t in a position to regulate the guests tenants invite into their homes. 

I do understand what you mean, landlord is not mum, but landlord wants their rent? Girlfriend is a squatter(as far as I am concerned) as she has moved into a joint tenancy place without the agreement of the other tenant. How does an adult move in and live a life of not paying rent to the extent that she did not see how much distress she was causing OP? The landlord/agent still has to chase up rent and both are jointly liable and at present the other tenant is in flat and will also be disturbed about this rent? OP has technically “been evicted” by being subjected to unacceptable sharing arrangements, so OP needs to also make living conditions stressful for others involved? If eviction should take place it will not affect OP. OP needs to push things to eviction or other parties paying full rent so that tenancy will end? Or did I misunderstand and OP infact wants to keep everything sweet? As said previously OP should save this rent for paying in the not so distant future when the rent will be demanded. For now the courts are overwhelmed with possible evictions and I am sure landlord and agent might just hope to resolve this by ensuring that the other tenant sticks to original agreement ie two people sharing. 

Landlords and agents are still human beings and I am sure they will not be so detached when rent is not coming in?  

Pixie5740

Sistergold said:

Pixie5740 said:

Sistergold said:

[Deleted User] said:

Sistergold said:

As @canaldumidi has pointed out for you to have a CCJ against you it’s a process and as OP has been advised he will need to keep the rent on the side. Not paying is to make the whole thing not as comfortable for the offending tenant and girlfriend and also estate agent and landlord. Even if the other tenant wanted to find replacement they might fail to do so and at present not much urgency as OP iS paying. 

OP needs to write again to estate agents about why he has had to move out and that since other tenant has new person in place(girlfriend) he will henceforth not be paying rent as he was squeezed out of the flat. He needs to mention how he has told them previously and how his mental health has deteriorated due to nothing being done and the overcrowding. Also he needs to point out he has already overpaid as there had now been 3 people in the flat instead of two but rent was still being split two ways. 

If he continues paying everybody in this arrangement will just let it take as long as and nothing will change. 

UnIess I am missing something, I think it's a long shot to appeal to the landlord. The point of joint and several liability is not to get involved with tenants on an individual basis. The very essence of it is that it is not the landlords concern how the rent is split. Also if landlord has rent/legal insurnace in place as he perhaps should, he will simply follow those processes to ensure he is not out of pocket.

Is it not the estate agent / landlords responsibility to evict squatters? OP wants to pay but at present it’s become impossible for him to live in the house. Rent will still come but from tenant whose girlfriend has moved in. Other tenant and girlfriend are enjoying the flat at half the rent, they have shown to be very inconsiderate of the OP! Somehow I feel not paying rent for now with the intention to pay will bring the situation to a head? The landlord can claim, I think rent has to be missed for X period then claim? Still I think it will cause someone somehow to look into the living arrangements? As long as OP pays rent nothing else will happen, doing nothing is the worst one can do. 

Best not be found to be a victim. This whole process just needs a bit of spine, ruffle some feathers then pay when it’s no longer avoidable. Payments will still be made but just not now but not paying will just show that OP will not take it all lying down.

There aren’t any squatters in this scenario. 

A landlord is your landlord, not your mum. Landlords aren’t in a position to regulate the guests tenants invite into their homes. 

I do understand what you mean, landlord is not mum, but landlord wants their rent? Girlfriend is a squatter(as far as I am concerned) as she has moved into a joint tenancy place without the agreement of the other tenant. How does an adult move in and live a life of not paying rent to the extent that she did not see how much distress she was causing OP? The landlord/agent still has to chase up rent and both are jointly liable and at present the other tenant is in flat and will also be disturbed about this rent? OP has technically “been evicted” by being subjected to unacceptable sharing arrangements, so OP needs to also make living conditions stressful for others involved? If eviction should take place it will not affect OP. OP needs to push things to eviction or other parties paying full rent so that tenancy will end? Or did I misunderstand and OP infact wants to keep everything sweet? As said previously OP should save this rent for paying in the not so distant future when the rent will be demanded. For now the courts are overwhelmed with possible evictions and I am sure landlord and agent might just hope to resolve this by ensuring that the other tenant sticks to original agreement ie two people sharing. 

Landlords and agents are still human beings and I am sure they will not be so detached when rent is not coming in?  

It doesn't matter if you think the girlfriend is a squatter, legally speaking she is not.  She might be a freeloading PITA but she is not a squatter.  Also, I don't think it helps to say things like "technically evicted," as the OP hasn't been evicted.  The OP has been made to feel unwelcome in his or her own home but that is not the same as being evicted.

I think you are missing something as I have already advised the OP to stop paying the rent and ignore the joint tenant.  It's what I would do in the situation.  If nothing else the tenancy could be brought to an end sooner through the Section 8 route.

TripleH

I think the key point is that the Op needs to take some definitive action themselves, whatever they choose to force some/all other parties to have to take some action.

As it is, everyone else has no incentive to do anything as they suffer no real negative impact by things remaining as they are.

What action the Op chooses must be taken NOW as well. It won't be easy but the extra short-term pain the Op might suffer, should help ease their longer term struggles.

pinkshoes

OP, I appreciate you're having some MH issues right now, but you are going to have to be a grown up dealing with this or accept paying your full share of the rent until April.

Quite frankly I would be getting a friend with a sense of humour to dress up as a stinky vagrant and move into your room, and perhaps even pop into your room mates bedroom at night and declare he is a bit of a voyeur. 

I have a violin you can borrow for 6am practice? 

You do need to SPEAK to your housemate. Tell him that you did not sign up to live with a couple, and that either his GF moves out and stays no more than 3 nights a week, or you will stop paying rent which he will become equally liable to pay. Why don't you suggest that his GF takes over your rent and room?

thegreenone

pinkshoes said:

You do need to SPEAK to your housemate. Tell him that you did not sign up to live with a couple, and that either his GF moves out and stays no more than 3 2 nights a week, or you will stop paying rent which he will become equally liable to pay. Why don't you suggest that his GF takes over your rent and room?

Or put it all down in an email if that is more comfortable for you right now and it provides a paper trail.  But you do need to take action.  £875 x 6 = £5,250.  With the return of your half of the deposit, depending on where you live, you could be moving into House Deposit territory.

canaldumidi

The OP hasnot logged in since 28 Sept - I think we are just talking to each other here......