Problem with a tenant

cuttersblade

hope this is in the right place, here goes...

I live in a house with 4 other tenants and we have a joint tenancy agreement. When our rent was due this term one of the other tenants decided she was only going to pay £500 of the £780 she is meant to pay. Before the landlord came to collect the rent we asked her to come back so she could sort it out with the landlord but she refused.
When the landlord came he was obviously not happy as it meant we werent paying all the rent due, and so i paid it so that there was no problem with the landlord as some of us are staying in the house next year and dont want to cause any bother.
When the housemate who only paid £500 found out i had paid the missing rent she starting ranting about how i shouldnt have got involved and should have got her, but we tried that and she said she wouldnt come back.
She is now refusing to pay me the money she owes me for the rent as well as for some of the household bills. Is there any way i can get my money back, such as through the small claims court?

Thanks
Cuttersblade

clutton_2

short answer is yes you can try the small claims court - but AST's usually have a clause that says words to the effect of each of you is responsible both individually and collectively for the rent - so if they all leave except one - the final one has to pay the full rent

why didn't all of the rest of you split it between all of you - instead of you paying it all ?

unless you get another tenant in PDQ - you are ALL responsible for her share - TO THE END OF THE TENANCY - even though she does not live there anymore - I'd be finding another tenant like yesterday if it was me - then think about how to recoup your losses from miss-done-a-runner-and-left-her-mates-in-the-sh*t

liz545

Why is she refusing to pay her rent? As Clutton says, you can pursue her through the small claims court, and it's probably best for you to get a new flatmate, but did she give you any explanation as to why she's not going to pay you what she owes?

cuttersblade

She hasnt actually moved out, she was in the library when the landlord arranged to come around and refused to come back home to sort it. The reason i wrote the cheque was as no body else was in.
I understand we are all liable to make sure all the rent is paid, does the fact that we all agreed how much each of us would pay have any influence on any small claim?

We did try to find out why she wasnt paying in full but she said it was none of our business, we think maybe she was trying to reclaim her deposit early but even then the numbers dont add up as she only paid a £260 deposit.

terryw

cuttersblade wrote: »

<snip> we think maybe she was trying to reclaim her deposit early but even then the numbers dont add up as she only paid a £260 deposit.

Looks as though her arithmetic abilities are on a par with her treatment of flatmates!

terryw

cuttersblade

Yea, at least she isnt staying here next year. Do you think that a SCC claim would be effective? I know we are all liable for the whole rent, but between us we agreed how much we should each pay, the 3 previous payments she has made in full and without a fuss.

pinkshoes

Are you students? As students aren't allowed to graduate usually if they have outstanding debt, so you could have a word with the student union.

If you're not students, then I'd suggest writing to this other housemate and asking for the money by a certain date, pointing out it's not fair on all the others, and telling them that if they don't pay, you'll take them to the small claims court.

cuttersblade

yea we are all second year students. Didnt know that they dont let people with debts graduate, although i spose most students have debt these days.

Snooze

I don't see what this problem of her not paying her rent has got anything to do with you or the other tenants.

Your tenancy agreement is for you, not anyone else. If another tenant isn't paying their rent then it's the landlord's problem, not yours. It's up to the landlord to persue the money and evict the tenant so I think you were rather foolish to have paid it myself.

Or am I missing something here?

Rob

cuttersblade

We have a joint tenancy which means the house has to provide X amount of rent a term. If one of us doesnt pay it means the rest of us are liable for it. Aparently joint tenancies are used alot my student landlords as it means if the full rent isnt paid he can pursue any of the tenants for the missing rent.
At least thats how i understand it

terryw

Snooze wrote: »

I don't see what this problem of her not paying her rent has got anything to do with you or the other tenants.

Your tenancy agreement is for you, not anyone else. If another tenant isn't paying their rent then it's the landlord's problem, not yours. It's up to the landlord to persue the money and evict the tenant so I think you were rather foolish to have paid it myself.

Or am I missing something here?

Rob

Yes, joint and several liability.

terryw