Flatmate hasn't been paying rent, what can I do?

Puzzled

Puzzled

Puzzled

Soldato
Joined
9 Jul 2003
Posts
9,638
Hey

Found out this weekend that one of my flatmates hasn't been paying his rent for the last few months after the agency sent us all a lovely email threatening to kick us out.

I've spoken to them and they are happy for myself and my other flatmate (who does pay his bills) to stay but as it's a joint tenancy agreement we are also liable for the debt he has accrued.

What can we do to get this money back from him?

In total it's over a £1000 which will be owed to us both, even after they take his deposit.

Can we seize his property until he at least agrees to talk about the problem?

Or is it just the small claims court route available to us (which probably means we'll never see the money again) :mad:

Anyone been in this situation and managed to get it resolved?

All advice is appreciated as I'm sure you'll all understand this has royally ****** us off. :mad:
 
how strong is the label 'mate' here. if you are close/long term friends then you need to help him out short term on the agreement than when he gets back on his feet, he pays you both back in full. if he's not that close a friend then you need to involve the people you rent off and get him out. this can be done by changing the locks and getting him off the agreement.
 
As for owing money to the agency... It doesn't matter. All they can do is take you to court. And all that will happen is the judge will agree with you that you're not liable. :) (assuming you can prove it's your housmate in the wrong).

So just tell the agency to screw themselves, and roll with it.

Verbal agreement between the three of you = legally binding. Can you prove that you and your friend upheld your part of the agreement, and it was just the other guy in the wrong?

If so you don't have a thing to worry about.
 
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If you live with him and there's two of you and one of him then without wanting to sound too keyboard warriro-ish surely you can be very persuasive. I don't mean go beat him up or anything but I'd be constantly having a go tbh... he'd have to be very thick skinned to put up with two other people continually berating him and demanding money, frankly I'd be banging on his door and not taking no for an answer - don't let him sit in the lounge in peace etc.. and pretend there isn't a problem just tell him he's being a **** and demand the money - there's no excuses for it tbh..
 
How old is he? Could always tell his parents assuming they aren't benefit whoring chavs.

Also do you know WHY he hasn't been paying rent? Is he now refusing to pay the money back?
 
Hmm wouldn't say he's a mate to me but he's lived with my other flatmate for a long time.

From what I can gather he was kicked off his uni course earlier in the year and therefore doesn't receive any sort of student loan. We didn't know this until recently and told him he'd have to get a job but it seems he's done nothing about the situation and just let the debt build up.

I can't even talk to him about it in person as he won't come back or answer his phone (thats why I was wondering if we can hold onto his things) and I just have to grab him on facebook when I can. He's handled the whole situation in an incredibly immature fashion.

Myself and the other tenant both want to stay in this flat as it's extremely good value for the location but as the tenancy is a joint liability agreement it seems we have no option but to pay his arrears or give up the place.

How much does it cost to go the small claims route?

Thanks for the advice guys
 
Van Hellseek said:
Can you explain this suggestion to me please.

Why is this matter anything to do with his parents?
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They may be a bit unhappy that their son isn't paying rent and owes quite a lot of money, they have leverage.

The reason I asked how old he was should be fairly obvious.
 
Kick him out, get someone in to take his place, increase the rate by a small amount to make up for the amount owed, then reduce it after x months as a bonus to your new roomie.
 
DampCat said:
Kick him out, get someone in to take his place, increase the rate by a small amount to make up for the amount owed, then reduce it after x months as a bonus to your new roomie.
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Ohh he's definitely leaving, thats not the issue as we have someone waiting to move in.

It's paying the past arrears which is the problem.
 
DampCat said:
Kick him out, get someone in to take his place, increase the rate by a small amount to make up for the amount owed, then reduce it after x months as a bonus to your new roomie.
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this. and also go to small claims.

Whilst you don't have to pay the tenancy company his share, they can still kick you out (depending on the contract)
 
DampCat said:
Kick him out, get someone in to take his place, increase the rate by a small amount to make up for the amount owed, then reduce it after x months as a bonus to your new roomie.
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Problem with this is, and by all means i'm assuming you're all students and that the house you have rented only has a few months left anyway. Is that it's going to be hard to find someone to stay with you for a few months.

I guess legally the only thing you can do is go down a small claims court. Also be a lesson learned and next time you get a house/flat demand for a single tenancy agreement. That way if your flat mate ****'s off, the agency is responsible for chasing the money, not you.
 
MonkeyMan said:
How much does it cost to go the small claims route?
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Less than a ton. I think it's about £80 to claim up to a grand.



Edit: http://www.lawpack.co.uk/business/money-and-tax/articles/article970.asp

Looks like you may even get less if you can claim you're an impoverished student.

What if you cannot afford the small claims court fees?

If you cannot afford to pay the small claims court fees, you may be entitled to a remission (reduction) of the small claims court fees payable or you may be exempted from having to pay the small claims court fees at all. Ask your county court office for form EX160A or visit the Court Service's website to find out if you qualify for help.
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