Small claims court.

somerandomusername

I had a friend living with me for a few years, no contract or anything it was just a rolling monthly verbal agreement. He paid his share of the rent every month into my bank account. I gave him a months notice that they had to move out as I was moving, so they found another room in a house share to live. Their new landlord said they could move into the room in 2 weeks, meaning he would move out of my property in 2 weeks, not 4 weeks.

Naturally this means he should owe me 2 weeks rent for the 2 weeks he stayed. He left my property and did not pay the 2 weeks rent he agreed to. I have whatsapp messages of me say he needs to pay it and he agreeing it will. I emphasised that I needed the money and he reassured me on payday he will transfer it over to me.

Well come payday he has completely ghosted me, not a peep. I know his new address, where he works etc and he is in full time work. If I file a small claims for the few hundred pound he owes me. What are the chances I will be successful and as he has no assets (trust me I know), the only realistic way for me to get the money owed is through an attachment of earnings order.

It's only a few hundred pound but it's the principle.

tacpot12

You are very likely to win, although going to court is something of a lottery and you may be unlucky. A court may think you are being petty, as it was a long-running informal arrangement between friends that has broken down.

The attachment of earnings is only possible if the creditor earns above a certain amount, and even if awarded, the payments could be quite small and take many years to repay you, but the principle is important.

You can tell your friend that you want them to repay you as a matter of principle and that you will persue them through the courts, and via their employer(s) - attachments of earnings orders can follow the employee. You can tell them that the CCJ will harm their credit record for six years, and will affect their ability to get certain jobs, and that you will move the attachment of earnings order if he changes job, so that every employer he works for (including his new employer) knows that he doesn't pay his bills. You might also say that if they pay a proportion of the amount owed, you won't take action.

However your friend may feel that you are being petty, as you have had the benefit of their rent payment for a matter of years, and so two weeks rent seems trivial to them. Althought you can charge your costs to the debtor, this just increases the time to get repaid, and there is a risk that they may never repay you. Some people can be very slippery.

Devongardener

Without a legal tenancy agreement l doubt that you have any chance of recovery through the courts.

jackieblack

How much do you want to keep the friendship? (Although it sounds like that ship might have already sailed…)

user1977

If it really is just "the principle" then you are welcome to spend an infinite amount of time and money pursuing the principle.

elsien

https://forums.moneysavingexpert.com/discussion/comment/81913024#Comment_81913024

definitely now an ex friend.
And in response to the other post, it wouldn’t have a legal tenancy agreement because it sounds like the person was effectively a lodger. With the proof of regular payments and text messages acknowledging the money was owed

Baldytyke88

Just forget about it. You had 2 weeks notice, which is adequate. Lodgers have very few rights and responsibilities compared to tenants.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81913180#Comment_81913180

Naturally this means he should owe me 2 weeks rent for the 2 weeks he stayed.

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81913180#Comment_81913180

Lodgers' rights and responsibilities are completely irrelevant.

No-one here has any housing problems. The move from one house-share to another was just given for context.

The 'friend' owes the OP a few hundred pounds and now that they have moved they are welching on the debt.

The debt is documented and acknowledged by the debtor.

The friendship is over so the OP's best action is a Letter Before Action, followed up if necessary by issuing small claims court proceedings. If it goes to court and the debtor still refuses to pay they will have a CCJ recorded against their name which will make any borrowing such as to buy a car or a new phone on contract more difficult and probably more expensive for several years to come.

I doubt they will want the matter to come to court.

Aylesbury_Duck

Did OP's tenancy agreement allow them to have a paying lodger? I don't know enough about tenancy laws to know what's permitted and what isn't.

GrumpyDil

https://forums.moneysavingexpert.com/discussion/comment/81913638#Comment_81913638

Nothing in OP's original post to suggest they were occupying the property under a tenancy but even if that is the case, whether or not having a lodger was allowed doesn't change the existence of the debt.