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

[Richdog]

My own parents wouldn't get involved in matters of finance.

You clearly come from a very different background.

As he said, parents DO have some leverage and just because you get over the age of 18 does not mean that they stop caring about the affairs of their son or daughter. While I wouldn't do that as a last resort, it is something I would consider if almost all else had failed. Often parents are the ones who can inject rationality into their offspring, I myself have seen it more than once when I was a student and had groups of friends that rented together and had difficulties like this, so, it wasn't a completely outlandish suggestion for him to make.

The "you clearly come from a different background" comment is just cringeworthy, pure and simple.

 

[Morba]

Why can you not get hold of him?
Bag his stuff up and let the other person move in.
Get the locks changed so he can't get back in.

 

[Icm76]

Small claim costs are low, and you can file a claim online: https://www.moneyclaim.gov.uk/web/mcol/welcome Talking to CAB may be helpful as well: http://www.citizensadvice.org.uk/


Once you've got a judgement you can apply for an order to take the money owed directly out of the non payers earnings. If you're lucky maybe you can negotiate for him to start paying this off before you go to court. You can ask for interest on the amount owed (at the standard courts defined rate)

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.

Wrong, look up the term "jointly and severally liable." It's a sickening situation, but the current tenants need to minimise their losses and pursue the money from the non payer.

Bag his stuff up and let the other person move in.
Get the locks changed so he can't get back in.

Illegal evictions can result in people getting heavy fines or going to prison. Vigilante justice is not the answer, it will be better in the long term to negotiate surrender of the keys legally, or evict using the proper procedures.

 

[Van Hellseek]

Wrong, look up the term "jointly and severally liable." It's a sickening situation, but the current tenants need to minimise their losses and pursue the money from the non payer.

That's only assuming liability for the two. Why would they be judged liable if they had a verbal agreement splitting liability 3 ways?

 

[Van Hellseek]

The "you clearly come from a different background" comment is just cringeworthy, pure and simple.

Not nearly as cringeworthy as, "Try complaining to their Mummy and Daddy".

A very middle-class response if ever I heard one.

 

[J-FRO]

In my third year of uni my parents actually had to act as guarantors for for me. As did each of my mates parents too.

Ask him if he minds you selling his stuff to pay for his rent?

 

[[FnG]magnolia]

This is why the OP should be talking to CAB, a solicitor or both and not a computer forum. Whilst everyone is trying to help, it's already clear that some of the advice being given is at best debatable and at worst factually incorrect.

The OP needs proper advice not opinion and guesswork on the legality of certain courses of action.

 

[Icm76]

Landlordzone might be a useful resource for this issue.

That's only assuming liability for the two.

Didn't OP already say they have a standard tenancy contract with joint liability? I think it would be highly unusual for them not to have a contract that makes them liable only for their own share of the rent.

 

[Richdog]

A very middle-class response if ever I heard one.

A very "insecure about my perceived class" response ever I heard one. And for the record, yours was more cringeworthy. Period.

 

[Puzzled]

He's the only student in the flat, myself and the other tenant both work in Bristol so we want to stay in the current place. We've had a look at other places but they just don't compare to what we have now.

We think he's staying with his family as they live locally but the letting agent has spoken to his mum and she won't have anything to do with it. I'll try to get her contact details so we can at least talk about the situation.

The new person moving in is a good friend so we won't be passing the debt on to him but he can't move till mid june so thats another months rent that will be owed.

Looks like small claims is the only "official" route to take then.

 

[Bes]

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.

Ummm you realise this is totally wrong as they are all jointly liable?

 

[Pudney]

That's only assuming liability for the two. Why would they be judged liable if they had a verbal agreement splitting liability 3 ways?

This would suggest you didn't read the OP

but as it's a joint tenancy agreement we are also liable for the debt he has accrued.

 

[Icm76]

We think he's staying with his family as they live locally but the letting agent has spoken to his mum and she won't have anything to do with it. I'll try to get her contact details so we can at least talk about the situation.

I believe this is right, but you should confirm with CAB or a solicitor (or maybe post at Landlordzone) anyway as the situation is a little unusual and I'm not 100% certain: I think you can put the flat's address as the address of the person who owes this money file the claim. The claim will go through as normal and you will get the judgement - the little twerp can't just plead ignorance and say he didn't get the papers because he wasn't there. This is what happens when tenants flee properties owing money, you can't get away with it just because you don't leave a forwarding address or set up Royal Mail postal redirection.

EDIT: if you can't find the fool, then you can hire a tracing service to find him and charge him for that as well.

 

[Semple]

He's the only student in the flat, myself and the other tenant both work in Bristol so we want to stay in the current place. We've had a look at other places but they just don't compare to what we have now.

We think he's staying with his family as they live locally but the letting agent has spoken to his mum and she won't have anything to do with it. I'll try to get her contact details so we can at least talk about the situation.

The new person moving in is a good friend so we won't be passing the debt on to him but he can't move till mid june so thats another months rent that will be owed.

Looks like small claims is the only "official" route to take then.

Couldn't you threaten his mum that you WILL take legal action against her son? Maybe then she'll do something about her son to prevent him getting into more debt.

 

[Dave85]

They guys probably just going to declare bankruptcy. Make sure you give him his stuff before going to small claims. Dont want to give him any ammunition against you.

 

[hurfdurf]

He's the only student in the flat, myself and the other tenant both work in Bristol so we want to stay in the current place. We've had a look at other places but they just don't compare to what we have now.

Where in Bristol are you and how much are you paying?

 

[PardonTheWait]

They guys probably just going to declare bankruptcy. Make sure you give him his stuff before going to small claims. Dont want to give him any ammunition against you.

If he wants to **** himself for seven years over £1000 of debt. It's highly unlikely.

 

[dowie]

Not nearly as cringeworthy as, "Try complaining to their Mummy and Daddy".

A very middle-class response if ever I heard one.

Well if he's got middle class parents then the previous poster probably has a good point - you'd be rather naive to dismiss it as it would likely be quite effective (assuming, as the previous poster said, that the parents aren't chavs).

 

[int]

If he doesn't look like he's going to pay up then padlock his door from the outside and kick him out. Sell what you can to make the money back?

 

[Icm76]

padlock his door from the outside and kick him out. Sell what you can to make the money back?

oh dear how many more times will this type of idiotic advice be posted? what you're suggesting is a serious crime, and no judge will look favourably upon a claimant who commits such offences.