Taking the co-tenant to small claims court for rent arrears.

Avg_Joe

Hi all,

 

I need some advice regarding unpaid rent by a co-tenant. A while ago, I rented a flat with a friend. Both our names were on the letting agreement, and my name was on all the bills. We have decided to split the rent and all the bills 50/50. My friend paid rent to my account with reference “Rent [month]”. After a while, he stopped due to a personal situation and later on paid all the rent arrears back. When he did this, he referenced each transaction to a missing month. This would be the end of it, if not for the fact that in the last year of our joint tenancy, he did not pay rent a few times. I didn’t worry about it at that time, as in the past, he had paid me back. In this instance, he moved out and never settled the rent arrears.

My question is whether I have a case to claim unpaid rent in small claim court.

Would my bank statements be sufficient to prove that he was aware of his obligation to pay rent?

Would the fact that he repaid all rent arrears once be sufficient to prove that he was aware of his obligation to pay me back for months where I covered his share of rent?

Also, since my name was on all the bills, could he challenge this part of his obligation, even though he used to pay half of them?

 

Many thanks

Joe

user1977

I don't see a problem in principle with proving you have a claim, but do you know where he is now and whether he has the money?

MEM62

Litigation always carries risk. Ask yourself, are the amounts involved worth the cost and hassle? Also does he have the means to pay? If not then winning in court is irrelevant.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6665046/taking-the-co-tenant-to-small-claims-court-for-rent-arrears

Presumably your tenancy agreement says you were jointly and severally liable for the rent?

What evidence do you have that the agreement was that it would be a 50/50 share?

The fact that they often did give you payments helps build a case but nothing trumps a signed contract or a string of exchanged messages etc.

Ultimately the civil courts work on the "balance of probabilities" and so you may be able to convince the judge that its more likely that such an agreement did exist rather than it didnt, obviously that in part depends on what the other party says which at this point is a total unknown so no one can say who the judge will believe.

Do you have a current address for them? Do you know their financial situation? The vast majority of all claims are won by default (as in the defendant doesnt respond or doesnt turn up) but the vast majority are also never settled. Getting a CCJ against them may be a moral victory but if they arent in a position to pay you are just increasing your losses

lincroft1710

It would have been helpful if you had been specific about the date your friend left and the date the tenancy ended and whether the tenancy remained in joint names after he left. Because if so then you may have a claim for his share of the rent during this period, unless you agreed his liability would cease when he left the flat. Also during his actual occupation, exactly how many months are you claiming your friend did not pay.

This thread should show as a warning to others to get all rent sharing agreements in writing

saajan_12

https://forums.moneysavingexpert.com/discussion/6665046/taking-the-co-tenant-to-small-claims-court-for-rent-arrears

My question is whether I have a case to claim unpaid rent in small claim court.

Would my bank statements be sufficient to prove that he was aware of his obligation to pay rent?

Would the fact that he repaid all rent arrears once be sufficient to prove that he was aware of his obligation to pay me back for months where I covered his share of rent?

Also, since my name was on all the bills, could he challenge this part of his obligation, even though he used to pay half of them?

Yes I would say that's reasonably good evidence of the agreed practice.

However before small claims court, the first step is sending a letter before action to the ex-co-tenant statign the amount due, reason and a date to pay (in say 14 days), otherwise you'll have to recover in court.

If that doesnt yield anything, then the court claim involves fees, so I'd look at the next step. Do they have assets or savings? Do they have a regular income they can pay from? Do they have a job or goals of buying a house that would be scuppered by having a CCJ? If No then there's little point in throwing more money after bad if they won't pay up.

Avg_Joe

https://forums.moneysavingexpert.com/discussion/comment/81971159#Comment_81971159

Unfortunately, after we both moved out at the same time (we gave notice to the letting agent due to financial implications of me covering the rent too often) my old housemate did not provide me with his new address. I was considering using a tracking agency or asking the court to permit me to deliver the letter of intent to the work address or electronically.
Recently, I found out that my old housemate is working at a tech company and is doing well.

Avg_Joe

https://forums.moneysavingexpert.com/discussion/comment/81971736#Comment_81971736

The total amount owned is in thousands of pounds so I think it is wort to at least try to recover it. Yes, I believe he has means to pay me back.

Avg_Joe

https://forums.moneysavingexpert.com/discussion/comment/81972096#Comment_81972096

We lived together for 8 years, and we both gave notice and moved out two years ago. I intend to claim unpaid rent for the period between 2022 and 2024. To my knowledge, this should be covered as the limitation is six years from the moment a payment was due, correct?

Yes, never again, lesson learned.

Avg_Joe

https://forums.moneysavingexpert.com/discussion/comment/81972179#Comment_81972179

I intend to as soon as I obtain his home address (at least try to), hopefully through a tracking agency.

He works for a tech company, so he should be able to cover all the rent arrears.

Avg_Joe

https://forums.moneysavingexpert.com/discussion/comment/81971779#Comment_81971779

Yes, jointly and severally liable.

Only the contract and my bank statements.

Unfortunately, we did not sign a separate contract stating all the terms. Lesson learned here never again in the future.

Unfortunately, after we both moved out at the same time (we gave notice to the letting agent due to financial implications of me covering the rent too often) my old housemate did not provide me with his new address. I was considering using a tracking agency or asking the court to permit me to deliver the letter of intent to the work address or electronically.

Recently, I found out that my old housemate is working at a tech company so he should be able to cover all the rent arrears.