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Tenant not paying rent within Joint tenancy agreement
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oioi1212
Nov 30, 2011, 6:20:03 PM11/30/11
to
Hi
I signed a joint tenancy back in January with 5 other people. The
tenancy began September this year and will continue until June.
Before September one of the people I signed with decided to drop out
of university. She said she will continue to pay rent and will look
for someone to take over the room in the meantime.
This week we have been recieving numerous letters addressed to this
tenant we can only assume were demanding rent as Monday 28th just gone
we recieved a letter addressed to us all stating no rent had been paid
and if nothing has been sorted by Friday they would be taking us to
court.
I understand that with a joint tenancy we are all held responsible if
one person refuses to pay but I was wondering if there is any sort of
case we can put forward to the letting agency/landlord that can make
the tenant who has not paid rent pay?
Would it just be a case of us paying the rent she hasn't paid and then
taking her to the small claims court ourselves? I am livid at the fact
she can get away with paying nothing whilst we have to go through all
this stress becuase of her and she can just carry on with her life. We
all signed a contract stating we would all pay. It's not on that
letting agencies and landlords just go to the easiest means of getting
their money (us five tenants) rather than chasing the girls guarantor.
They seem to be sending all relation with the tenant who has dropped
out to us rather than to her home address.
We are all relaly concerned and really cannot afford to pay her rent
on top of ours. Especially the fees she has ran up. The first we have
heard of all this was Monday when we received the letter addressed to
us all.
I know there isn't much advice to give here especially without seeing
our contract but any advice however general it may be would be highly
appreciated.
Thanks
I signed a joint tenancy back in January with 5 other people. The
tenancy began September this year and will continue until June.
Before September one of the people I signed with decided to drop out
of university. She said she will continue to pay rent and will look
for someone to take over the room in the meantime.
This week we have been recieving numerous letters addressed to this
tenant we can only assume were demanding rent as Monday 28th just gone
we recieved a letter addressed to us all stating no rent had been paid
and if nothing has been sorted by Friday they would be taking us to
court.
I understand that with a joint tenancy we are all held responsible if
one person refuses to pay but I was wondering if there is any sort of
case we can put forward to the letting agency/landlord that can make
the tenant who has not paid rent pay?
Would it just be a case of us paying the rent she hasn't paid and then
taking her to the small claims court ourselves? I am livid at the fact
she can get away with paying nothing whilst we have to go through all
this stress becuase of her and she can just carry on with her life. We
all signed a contract stating we would all pay. It's not on that
letting agencies and landlords just go to the easiest means of getting
their money (us five tenants) rather than chasing the girls guarantor.
They seem to be sending all relation with the tenant who has dropped
out to us rather than to her home address.
We are all relaly concerned and really cannot afford to pay her rent
on top of ours. Especially the fees she has ran up. The first we have
heard of all this was Monday when we received the letter addressed to
us all.
I know there isn't much advice to give here especially without seeing
our contract but any advice however general it may be would be highly
appreciated.
Thanks
Roland Perry
Dec 1, 2011, 2:55:03 AM12/1/11
to
In message
<49969378-996f-47c0...@i8g2000vbh.googlegroups.com>, at
23:20:03 on Wed, 30 Nov 2011, oioi1212
<scientistso...@gmail.com> remarked:
Have you been looking for a new tenant at all.
--
Roland Perry
<49969378-996f-47c0...@i8g2000vbh.googlegroups.com>, at
23:20:03 on Wed, 30 Nov 2011, oioi1212
<scientistso...@gmail.com> remarked:
>We are all relaly concerned and really cannot afford to pay her rent
>on top of ours. Especially the fees she has ran up.
What fees are these?
>on top of ours. Especially the fees she has ran up.
Have you been looking for a new tenant at all.
--
Roland Perry
Robin
Dec 1, 2011, 4:45:04 AM12/1/11
to
> I know there isn't much advice to give here especially without seeing
> our contract but any advice however general it may be would be highly
> appreciated.
Sorry if I am stating the obvious but the best starting point for advice
> our contract but any advice however general it may be would be highly
> appreciated.
is often the housing office at your university. They may know the
agency/landlord. After that there's the Citizens Advice Bureau or
Shelter.
--
Robin
reply to address is (meant to be) valid
Man at B&Q
Dec 1, 2011, 5:35:03 AM12/1/11
to
On Nov 30, 11:20 pm, oioi1212 <scientistsofsoundmu...@gmail.com>
wrote:
A similar thing happened to my niece. I don't know the exact details
but the tenancy agreement included guarantors (grandparent in this
case) for each tenant who were eventually forced to pay up (after a
number of (polite but) threatening letters were sent).
MBQ
wrote:
but the tenancy agreement included guarantors (grandparent in this
case) for each tenant who were eventually forced to pay up (after a
number of (polite but) threatening letters were sent).
MBQ
NT
Dec 1, 2011, 7:30:03 AM12/1/11
to
contract. If it says youre jointly and severally liable for rent, and
you signed that in agreement, then the landlord can come after any of
you for any unpaid rent. What are the fees in question, and what does
the contract say about them?
NT
Message has been deleted
steve robinson
Dec 1, 2011, 8:20:02 AM12/1/11
to
oioi1212 wrote:
> Hi
>
> I signed a joint tenancy back in January with 5 other people. The
> tenancy began September this year and will continue until June.
>
> Before September one of the people I signed with decided to drop out
> of university. She said she will continue to pay rent and will look
> for someone to take over the room in the meantime.
>
> This week we have been recieving numerous letters addressed to this
> tenant we can only assume were demanding rent as Monday 28th just
> gone we recieved a letter addressed to us all stating no rent had
> been paid and if nothing has been sorted by Friday they would be
> taking us to court.
>
> I understand that with a joint tenancy we are all held responsible
> if one person refuses to pay but I was wondering if there is any
> sort of case we can put forward to the letting agency/landlord that
> can make the tenant who has not paid rent pay?
You can inform them of the non payers address and suggest they chase
> Hi
>
> I signed a joint tenancy back in January with 5 other people. The
> tenancy began September this year and will continue until June.
>
> Before September one of the people I signed with decided to drop out
> of university. She said she will continue to pay rent and will look
> for someone to take over the room in the meantime.
>
> This week we have been recieving numerous letters addressed to this
> tenant we can only assume were demanding rent as Monday 28th just
> gone we recieved a letter addressed to us all stating no rent had
> been paid and if nothing has been sorted by Friday they would be
> taking us to court.
>
> I understand that with a joint tenancy we are all held responsible
> if one person refuses to pay but I was wondering if there is any
> sort of case we can put forward to the letting agency/landlord that
> can make the tenant who has not paid rent pay?
her for payment however they are not obliged too
>
> Would it just be a case of us paying the rent she hasn't paid and
> then taking her to the small claims court ourselves? I am livid at
> the fact she can get away with paying nothing whilst we have to go
> through all this stress becuase of her and she can just carry on
> with her life. We all signed a contract stating we would all pay.
> It's not on that letting agencies and landlords just go to the
> easiest means of getting their money (us five tenants) rather than
> chasing the girls guarantor. They seem to be sending all relation
> with the tenant who has dropped out to us rather than to her home
> address.
Thats because you are severally and jointly responsible for the debt
> Would it just be a case of us paying the rent she hasn't paid and
> then taking her to the small claims court ourselves? I am livid at
> the fact she can get away with paying nothing whilst we have to go
> through all this stress becuase of her and she can just carry on
> with her life. We all signed a contract stating we would all pay.
> It's not on that letting agencies and landlords just go to the
> easiest means of getting their money (us five tenants) rather than
> chasing the girls guarantor. They seem to be sending all relation
> with the tenant who has dropped out to us rather than to her home
> address.
the landlord is acting within the law the rent has not been paid in
full and you are responsible for this outstanding debt .
Put yourself in the landlords position why run yourself around
chasing one person who may not be in a position to pay when you have
others who are easier to deal with , besides it would be pointless
just chasing her and eventually evicting her she doesnt live at the
address , you and the others do and have far more to lose if the
rents not paid in full he can eventually evict you and the chances
of you finding any other landlord to take you on will be zero
>
> We are all relaly concerned and really cannot afford to pay her rent
> on top of ours. Especially the fees she has ran up. The first we
> have heard of all this was Monday when we received the letter
> addressed to us all.
That unfortunatly is the problem with such arrangements, your best
> We are all relaly concerned and really cannot afford to pay her rent
> on top of ours. Especially the fees she has ran up. The first we
> have heard of all this was Monday when we received the letter
> addressed to us all.
option is to sue her and her garrentor you may be able to get the
actions dealt with at the same time
steve robinson
Dec 1, 2011, 8:20:11 AM12/1/11
to
seem to be standard in most tenancy agreements
steve robinson
Dec 1, 2011, 10:45:02 AM12/1/11
to
Janet wrote:
> In article <49969378-996f-47c0-8bb5-3929dd7fc302
> @i8g2000vbh.googlegroups.com>, scientistso...@gmail.com
> says...
> would pay rent for? After she left the area then how likely was it
> she would ever find you a new flatmate? But you are on the spot.
> You've had two months at the beginning of an academic year, to do
> so.
Is that relevant, she signed tenancy agreement for xxx months she has
no obligation to live at the address . Her obligation is to pay her
rent for the length of the agreement.
The others cannot unilaterally decide even if she is not paying rent
to get a lodger or another tenant to replace her without first having
her removed legally from the lease , she could in theory return and
if her room is occupied sue the landlord .
There are strict rules requarding eviction which in thoery is what
the others are intending to do
>
> If knowing you'd become liable for her rent, you did not
> seek/find a new flatmate, it may be reasonable for the agent to
> suppose the remaining tenants intend to share the rent increase.
> They may even, have reasonably expected, that in the last 2 months
> you would contact them to say " We've decided to cover it among
> ourselves,please adjust the paperwor" or "We found/can't find a
> replacement".
They cant legally find a new flatmate as they are all on the lease
they need to have her removed which is not an easy or quick thing to
do she has rights although she is unlikely to exersise them)
> slide since September and left the agent in the dark/short of rent,
> hardly surprising they take the initiative.
> still lives there as a rent defaulter? Which would explain, why
> they write to her there, and at the same time remind you other
> tenants what her default means for you.
> ASAP.Take all the paperwork, the letter you received, your tenancy
> agreements, anything about her guarantor /home address/current
> whereabouts. Their Accommodation specialist will advise.
>
> Or (assuming you are all youngsters, and her guarantor is a
> parent) you might try contacting her parents direct. IME the
> parents of students are often kept in the dark by their offspring,
> but when alerted to their impending doom will move mountains PDQ,
> to avoid any legal issues.
>
> Janet
> In article <49969378-996f-47c0-8bb5-3929dd7fc302
> @i8g2000vbh.googlegroups.com>, scientistso...@gmail.com
> says...
> >
> > Hi
> >
> > I signed a joint tenancy back in January with 5 other people. The
> > tenancy began September this year and will continue until June.
> >
> > Before September one of the people I signed with decided to drop
> > out of university. She said she will continue to pay rent and
> > will look for someone to take over the room in the meantime.
>
> Have any of you got that in writing from her saying how long she
> > Hi
> >
> > I signed a joint tenancy back in January with 5 other people. The
> > tenancy began September this year and will continue until June.
> >
> > Before September one of the people I signed with decided to drop
> > out of university. She said she will continue to pay rent and
> > will look for someone to take over the room in the meantime.
>
> would pay rent for? After she left the area then how likely was it
> she would ever find you a new flatmate? But you are on the spot.
> You've had two months at the beginning of an academic year, to do
> so.
Is that relevant, she signed tenancy agreement for xxx months she has
no obligation to live at the address . Her obligation is to pay her
rent for the length of the agreement.
The others cannot unilaterally decide even if she is not paying rent
to get a lodger or another tenant to replace her without first having
her removed legally from the lease , she could in theory return and
if her room is occupied sue the landlord .
There are strict rules requarding eviction which in thoery is what
the others are intending to do
>
> If knowing you'd become liable for her rent, you did not
> seek/find a new flatmate, it may be reasonable for the agent to
> suppose the remaining tenants intend to share the rent increase.
> They may even, have reasonably expected, that in the last 2 months
> you would contact them to say " We've decided to cover it among
> ourselves,please adjust the paperwor" or "We found/can't find a
> replacement".
They cant legally find a new flatmate as they are all on the lease
they need to have her removed which is not an easy or quick thing to
do she has rights although she is unlikely to exersise them)
> We
> > all signed a contract stating we would all pay. It's not on that
> > letting agencies and landlords just go to the easiest means of
> > getting their money (us five tenants)
>
> Why not? It's what you agreed to. If all the tenants let things
> > all signed a contract stating we would all pay. It's not on that
> > letting agencies and landlords just go to the easiest means of
> > getting their money (us five tenants)
>
> slide since September and left the agent in the dark/short of rent,
> hardly surprising they take the initiative.
>
> > rather than chasing the girls guarantor.
>
> Is her guarantors name and signature on YOUR tenancy agreement?
> > rather than chasing the girls guarantor.
>
>
> > They seem to be sending all relation with the tenant who has
> > dropped out to us rather than to her home address.
>
> Maybe the agent/LL don't even know she dropped out, and think she
> > They seem to be sending all relation with the tenant who has
> > dropped out to us rather than to her home address.
>
> still lives there as a rent defaulter? Which would explain, why
> they write to her there, and at the same time remind you other
> tenants what her default means for you.
>
> > I know there isn't much advice to give here especially without
> > seeing our contract but any advice however general it may be
> > would be highly appreciated.
>
> Make an appointment at your University Student Welfare office
> > I know there isn't much advice to give here especially without
> > seeing our contract but any advice however general it may be
> > would be highly appreciated.
>
> ASAP.Take all the paperwork, the letter you received, your tenancy
> agreements, anything about her guarantor /home address/current
> whereabouts. Their Accommodation specialist will advise.
>
> Or (assuming you are all youngsters, and her guarantor is a
> parent) you might try contacting her parents direct. IME the
> parents of students are often kept in the dark by their offspring,
> but when alerted to their impending doom will move mountains PDQ,
> to avoid any legal issues.
>
> Janet
oioi1212
Dec 1, 2011, 8:30:02 AM12/1/11
to
Hi thanks for all the replies everyone.
The fees in question relate to late fees from her not paying.
Broken down it is:
October rent £240
Unpaid rent fee £35
£2 per day from 02 october - 25 november £110
November rent £240
£2 per day from 02 november - 25 november
Total to pay: £708.00
I wish to argue these fees with them anyway becuase we were not
informed of her not paying rent and if we were from the offeset maybe
we could have put something in place but as we are all students and
none of us work paying this full amount is beyond our reach.
Will look in to CAB and University housing help so thanks for that.
As for contacting her parents we have already done that. They just
keep telling us dont worry about it and its being sorted. It clearly
isn't and we are worried. I dont see the point of a guarantor if when
it comes to it in this case It would seem just becuase they don't
answer the phone to the letting agency then the agency just leave it
at that and move on to us. Just becuase we are the easier option and
they don't care how they get their money.
The girl in question is still friends with us on facebook and to see
her post a status last night saying "stressed" and for her mum (The
guarantor) to comment on it saying "Don't worry love. Dont let others
get you down either. I told You when it comes to it it's dog eat dog
out there each for there own" doesn't really bode well for us in terms
of them actually paying. Also to see her talking with friends about
going on holiday soon is just infuriating when she cannot be bothered
to pay rent and drop us all in it and simpily get away with it. I
mean she signed the contract also.
I will look in to the contract in detail to see about the points
raised by NT so thanks.
And thanks again everyone for all your help. Very appreciated.
The fees in question relate to late fees from her not paying.
Broken down it is:
October rent £240
Unpaid rent fee £35
£2 per day from 02 october - 25 november £110
November rent £240
£2 per day from 02 november - 25 november
Total to pay: £708.00
I wish to argue these fees with them anyway becuase we were not
informed of her not paying rent and if we were from the offeset maybe
we could have put something in place but as we are all students and
none of us work paying this full amount is beyond our reach.
Will look in to CAB and University housing help so thanks for that.
As for contacting her parents we have already done that. They just
keep telling us dont worry about it and its being sorted. It clearly
isn't and we are worried. I dont see the point of a guarantor if when
it comes to it in this case It would seem just becuase they don't
answer the phone to the letting agency then the agency just leave it
at that and move on to us. Just becuase we are the easier option and
they don't care how they get their money.
The girl in question is still friends with us on facebook and to see
her post a status last night saying "stressed" and for her mum (The
guarantor) to comment on it saying "Don't worry love. Dont let others
get you down either. I told You when it comes to it it's dog eat dog
out there each for there own" doesn't really bode well for us in terms
of them actually paying. Also to see her talking with friends about
going on holiday soon is just infuriating when she cannot be bothered
to pay rent and drop us all in it and simpily get away with it. I
mean she signed the contract also.
I will look in to the contract in detail to see about the points
raised by NT so thanks.
And thanks again everyone for all your help. Very appreciated.
Roland Perry
Dec 1, 2011, 12:40:02 PM12/1/11
to
In message
<a6ae92b4-6a45-477a...@l19g2000yqc.googlegroups.com>, at
13:30:02 on Thu, 1 Dec 2011, oioi1212 <scientistso...@gmail.com>
remarked:
of £35 for not paying the rent, but £2/day on top of the rent.
--
Roland Perry
<a6ae92b4-6a45-477a...@l19g2000yqc.googlegroups.com>, at
13:30:02 on Thu, 1 Dec 2011, oioi1212 <scientistso...@gmail.com>
remarked:
>The fees in question relate to late fees from her not paying.
>Broken down it is:
>
>October rent £240
>Unpaid rent fee £35
>£2 per day from 02 october - 25 november £110
>November rent £240
>£2 per day from 02 november - 25 november
>
>Total to pay: £708.00
There seems to be a degree of "double jeopardy" here. Not just a "fine"
>Broken down it is:
>
>October rent £240
>Unpaid rent fee £35
>£2 per day from 02 october - 25 november £110
>November rent £240
>£2 per day from 02 november - 25 november
>
>Total to pay: £708.00
of £35 for not paying the rent, but £2/day on top of the rent.
--
Roland Perry
Message has been deleted
steve robinson
Dec 1, 2011, 2:10:03 PM12/1/11
to
oioi1212 wrote:
> Hi thanks for all the replies everyone.
>
> The fees in question relate to late fees from her not paying.
> Broken down it is:
>
> October rent £240
> Unpaid rent fee £35
> £2 per day from 02 october - 25 november £110
> November rent £240
> £2 per day from 02 november - 25 november
>
> Total to pay: £708.00
>
> I wish to argue these fees with them anyway becuase we were not
> informed of her not paying rent and if we were from the offeset
> maybe we could have put something in place but as we are all
> students and none of us work paying this full amount is beyond our
> reach.
These fees will be within your contract you can argue until your blue
> Hi thanks for all the replies everyone.
>
> The fees in question relate to late fees from her not paying.
> Broken down it is:
>
> October rent £240
> Unpaid rent fee £35
> £2 per day from 02 october - 25 november £110
> November rent £240
> £2 per day from 02 november - 25 november
>
> Total to pay: £708.00
>
> I wish to argue these fees with them anyway becuase we were not
> informed of her not paying rent and if we were from the offeset
> maybe we could have put something in place but as we are all
> students and none of us work paying this full amount is beyond our
> reach.
in the face unfortunatly if they wish to impose them then you will
ultimatly have to pay them.
Its not up to the landlord to tell you that your behind with your
rent, its your responsiblity to make sure you pay the full amount on
time.which has not been the case.
This is the problem with such tenancies unfortunatly
>
> Will look in to CAB and University housing help so thanks for that.
>
> As for contacting her parents we have already done that. They just
> keep telling us dont worry about it and its being sorted. It clearly
> isn't and we are worried. I dont see the point of a guarantor if
> when it comes to it in this case It would seem just becuase they
> don't answer the phone to the letting agency then the agency just
> leave it at that and move on to us. Just becuase we are the easier
> option and they don't care how they get their money.
banker of last resort when all options have been exhausted
>
> The girl in question is still friends with us on facebook and to see
> her post a status last night saying "stressed" and for her mum (The
> guarantor) to comment on it saying "Don't worry love. Dont let
> others get you down either. I told You when it comes to it it's dog
> eat dog out there each for there own" doesn't really bode well for
> us in terms of them actually paying. Also to see her talking with
> friends about going on holiday soon is just infuriating when she
> cannot be bothered to pay rent and drop us all in it and simpily
> get away with it. I mean she signed the contract also.
Sue her if she is going on holiday she must have spending money,name
> The girl in question is still friends with us on facebook and to see
> her post a status last night saying "stressed" and for her mum (The
> guarantor) to comment on it saying "Don't worry love. Dont let
> others get you down either. I told You when it comes to it it's dog
> eat dog out there each for there own" doesn't really bode well for
> us in terms of them actually paying. Also to see her talking with
> friends about going on holiday soon is just infuriating when she
> cannot be bothered to pay rent and drop us all in it and simpily
> get away with it. I mean she signed the contract also.
her parents too , she is responsible for her full portion of the
lease until it expires
Message has been deleted
steve robinson
Dec 1, 2011, 2:10:17 PM12/1/11
to
fee i would assume
steve robinson
Dec 1, 2011, 2:20:02 PM12/1/11
to
Janet wrote:
> In article <xn0hmcb39...@reader80.eternal-september.org>,
> st...@colevalleyinteriors.co.uk says...
> reasonably say to the agency (or court) "we didn't know our rent
> was two months in arrears. When she left she told us she was
> honouring her tenancy agreement and still paying her share of the
> rent."
That does not alter the fact that the rent is in arrears and they are
jointly responsible , it matters not how its portioned up between the
tenants if they pay as a group or individually on a joint tenancy the
contract will make it clear how when and what if when payments are
late
>
> > she signed tenancy agreement for xxx months she has
> > no obligation to live at the address . Her obligation is to pay
> > her rent for the length of the agreement.
>
> Of course. But when she left she told her flatmates she would do
> so.
> >
Of course she did she didnt want conflict
> > The others cannot unilaterally decide even if she is not paying
> > rent to get a lodger or another tenant to replace her without
> > first having her removed legally from the lease , she could in
> > theory return and if her room is occupied sue the landlord .
> >
> > There are strict rules requarding eviction which in thoery is
> > what the others are intending to do
> > >
> > > If knowing you'd become liable for her rent, you did not
> > > seek/find a new flatmate, it may be reasonable for the agent to
> > > suppose the remaining tenants intend to share the rent
> > > increase. They may even, have reasonably expected, that in the
> > > last 2 months you would contact them to say " We've decided to
> > > cover it among ourselves,please adjust the paperwor" or "We
> > > found/can't find a replacement".
> >
> > They cant legally find a new flatmate as they are all on the lease
> > they need to have her removed which is not an easy or quick thing
> > to do she has rights although she is unlikely to exersise them)
>
> But they could have gone to the letting agent and said, X has
> left the flat for good, here is Y who wants to take her place,
> Please can you confirm this with X and Y and sort out the
> paperwork and rent with them." Most landlords/agents far sooner
> rejig the tenancy, hold on to 5 reliable payers, swap the bad apple
> for a new payer, and be spared the hassle of letters, court,
> eviction, and the chance of a £1450 per month rent void between the
> eviction and finding a new set of tenants.
>
yes they would however they cant remove her from the lease without a)
her permission b) a court order if she is being that evasive then
its likely to take several months of chasing
With several tenants all with garentors, evictions the easy option
because all costs incurred plus loss of rent will be reclaimable and
its likely that the garentors responsiblity is not limited only
their offsprings portion of the whole as they are jointly and
severally responsible tenants , might be messy but the landlord is
not going to be out of pocket.
>
> Janet
> In article <xn0hmcb39...@reader80.eternal-september.org>,
> st...@colevalleyinteriors.co.uk says...
> >
> > Janet wrote:
> >
> > > In article <49969378-996f-47c0-8bb5-3929dd7fc302
> > > @i8g2000vbh.googlegroups.com>, scientistso...@gmail.com
> > > says...
> > > >
> > > > Hi
> > > >
> > > > I signed a joint tenancy back in January with 5 other people.
> > > > The tenancy began September this year and will continue until
> > > > June.
> > > >
> > > > Before September one of the people I signed with decided to
> > > > drop out of university. She said she will continue to pay
> > > > rent and will look for someone to take over the room in the
> > > > meantime.
> > >
> > > Have any of you got that in writing from her saying how long
> > > she would pay rent for? After she left the area then how likely
> > > was it she would ever find you a new flatmate? But you are on
> > > the spot. You've had two months at the beginning of an
> > > academic year, to do so.
> >
> >
> > Is that relevant,
>
> Yes; because if they had such evidence the remaining tenants can
> > Janet wrote:
> >
> > > In article <49969378-996f-47c0-8bb5-3929dd7fc302
> > > @i8g2000vbh.googlegroups.com>, scientistso...@gmail.com
> > > says...
> > > >
> > > > Hi
> > > >
> > > > I signed a joint tenancy back in January with 5 other people.
> > > > The tenancy began September this year and will continue until
> > > > June.
> > > >
> > > > Before September one of the people I signed with decided to
> > > > drop out of university. She said she will continue to pay
> > > > rent and will look for someone to take over the room in the
> > > > meantime.
> > >
> > > Have any of you got that in writing from her saying how long
> > > she would pay rent for? After she left the area then how likely
> > > was it she would ever find you a new flatmate? But you are on
> > > the spot. You've had two months at the beginning of an
> > > academic year, to do so.
> >
> >
> > Is that relevant,
>
> reasonably say to the agency (or court) "we didn't know our rent
> was two months in arrears. When she left she told us she was
> honouring her tenancy agreement and still paying her share of the
> rent."
That does not alter the fact that the rent is in arrears and they are
jointly responsible , it matters not how its portioned up between the
tenants if they pay as a group or individually on a joint tenancy the
contract will make it clear how when and what if when payments are
late
>
> > she signed tenancy agreement for xxx months she has
> > no obligation to live at the address . Her obligation is to pay
> > her rent for the length of the agreement.
>
> so.
> >
Of course she did she didnt want conflict
> > The others cannot unilaterally decide even if she is not paying
> > rent to get a lodger or another tenant to replace her without
> > first having her removed legally from the lease , she could in
> > theory return and if her room is occupied sue the landlord .
> >
> > There are strict rules requarding eviction which in thoery is
> > what the others are intending to do
> > >
> > > If knowing you'd become liable for her rent, you did not
> > > seek/find a new flatmate, it may be reasonable for the agent to
> > > suppose the remaining tenants intend to share the rent
> > > increase. They may even, have reasonably expected, that in the
> > > last 2 months you would contact them to say " We've decided to
> > > cover it among ourselves,please adjust the paperwor" or "We
> > > found/can't find a replacement".
> >
> > They cant legally find a new flatmate as they are all on the lease
> > they need to have her removed which is not an easy or quick thing
> > to do she has rights although she is unlikely to exersise them)
>
> left the flat for good, here is Y who wants to take her place,
> Please can you confirm this with X and Y and sort out the
> paperwork and rent with them." Most landlords/agents far sooner
> rejig the tenancy, hold on to 5 reliable payers, swap the bad apple
> for a new payer, and be spared the hassle of letters, court,
> eviction, and the chance of a £1450 per month rent void between the
> eviction and finding a new set of tenants.
>
yes they would however they cant remove her from the lease without a)
her permission b) a court order if she is being that evasive then
its likely to take several months of chasing
With several tenants all with garentors, evictions the easy option
because all costs incurred plus loss of rent will be reclaimable and
its likely that the garentors responsiblity is not limited only
their offsprings portion of the whole as they are jointly and
severally responsible tenants , might be messy but the landlord is
not going to be out of pocket.
>
> Janet
fjm...@gmail.com
Dec 1, 2011, 5:50:02 PM12/1/11
to
On 30 nov, 23:20, oioi1212 <scientistsofsoundmu...@gmail.com> wrote:
> Hi
>
> I signed a joint tenancy back in January with 5 other people. The
> tenancy began September this year and will continue until June.
>
> Before September one of the people I signed with decided to drop out
> of university. She said she will continue to pay rent and will look
> for someone to take over the room in the meantime.
>
> This week we have been recieving numerous letters addressed to this
> tenant we can only assume were demanding rent as Monday 28th just gone
> we recieved a letter addressed to us all stating no rent had been paid
> and if nothing has been sorted by Friday they would be taking us to
> court.
>
> I understand that with a joint tenancy we are all held responsible if
> one person refuses to pay but I was wondering if there is any sort of
> case we can put forward to the letting agency/landlord that can make
> the tenant who has not paid rent pay?
>
> Would it just be a case of us paying the rent she hasn't paid and then
> taking her to the small claims court ourselves? I am livid at the fact
I don't think this part of your question (which may be your only
> Hi
>
> I signed a joint tenancy back in January with 5 other people. The
> tenancy began September this year and will continue until June.
>
> Before September one of the people I signed with decided to drop out
> of university. She said she will continue to pay rent and will look
> for someone to take over the room in the meantime.
>
> This week we have been recieving numerous letters addressed to this
> tenant we can only assume were demanding rent as Monday 28th just gone
> we recieved a letter addressed to us all stating no rent had been paid
> and if nothing has been sorted by Friday they would be taking us to
> court.
>
> I understand that with a joint tenancy we are all held responsible if
> one person refuses to pay but I was wondering if there is any sort of
> case we can put forward to the letting agency/landlord that can make
> the tenant who has not paid rent pay?
>
> Would it just be a case of us paying the rent she hasn't paid and then
> taking her to the small claims court ourselves? I am livid at the fact
question) has been answered. The short answer is: yes. Section 1 of
the Civil Liability (Contribution) Act 1978 entitles you to sue her
for her share in your liability if you are required to pay the rent
arrears to the landlord:
http://www.legislation.gov.uk/ukpga/1978/47/section/1
You can either do this by settling with the landlord and then suing
her or if sued by the landlord, by making an "additional claim"
against her under Part 20 of the Civil Procedure Rules:
http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part20.htm
Both of those involve court action which is generally unwise, but
that's the bottom line.
> she can get away with paying nothing whilst we have to go through all
> this stress becuase of her and she can just carry on with her life. We
> all signed a contract stating we would all pay. It's not on that
> letting agencies and landlords just go to the easiest means of getting
> their money (us five tenants) rather than chasing the girls guarantor.
> They seem to be sending all relation with the tenant who has dropped
> out to us rather than to her home address.
but she doesn't escape, its just that they are chasing the easiest
target.
>
> We are all relaly concerned and really cannot afford to pay her rent
> on top of ours. Especially the fees she has ran up. The first we have
> heard of all this was Monday when we received the letter addressed to
> us all.
>
of the tenancy agreement, in particular if they are specified in it,
and other factors. Indeed the exact wording of the lease may be
important for everything else too, but I'm sure you knew that.
Any competent lawyer should know all this anyway. Its all basic stuff.
If you can find one in a law centre that might help.
Francis
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