Flatmate / Refusing To Pay Rent / No Contract

chiggz

chiggz

chiggz

Associate
Joined
6 Jul 2007
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1,530
Location
Chiggzwick, London
Hi GD,

Got a bit of an issue with one of my flatmates at the moment. Hopefully you guys can offer some advice.

- Tenants A, B & C take up a new tenancy from Aug 2012 to Aug 2013
- In Jan, Tenant C decides to leave. He finds a replacement, D, which A & B are happy with
- New contract is drawn up and given back to agents
- At end of May, we've given our two-month notice in to leave the property in Aug 2013.
- Tenant D now states he is unhappy with the place (security, noise, neighbours, etc) and wishes to leave asap. He plans to leave at the end of June
- Tenant D has decided he does not want to pay any more rent; he has not paid June's rent and will not be paying July's either
- Tenant A & B have had to fork out tenant D's share of the rent for June to keep the agent / landlord happy.
- We've spoken with the agent & landlord regarding the situation
- Somehow the agents have lost the new contract we submitted when tenant D moved in. They claim they may never have received it. Therefore tenant D is strictly no longer on the contract. Agents still have original contract with A, B & C in their files

Basically, tenant D has become the tenant from hell and is stating he just wants to leave at the end of June and has refused to pay this month's share of the rent. He states we should recover our money from his share of the deposit he put down. Unfortunately this will only cover one of the two months he's not paying for - and also, there's no telling yet how much the agent will want out of the deposit. We all had an agreement that if anybody wishes to leave early, then they should find a replacement to avoid others having to pay anything extra. We've tried reasoning with him, etc but he won't budge.

My next, and perhaps only, move is to take this to Small Claims to get back the rent / expenses he owes for June and July. Unfortunately, as no contract with the agents exist, I'm planning on stating that he had a verbal agreement with us all (the tenants). We have proof that he's be paying his share of the rent thus far (Jan - May), and his name is actually on the deposit scheme. We can prove he's living in the property (I can take pictures of his stuff, letters, etc) and so on.

However, will I stand a chance in Small Claims against tenant D when he is not on a written contract?

Please shout if any further info will help.

Thanks,
 
can you really be bothered to take it to small claims ?
As much as it would annoy me I would probably just stick it down to life experience, refuse to ever speak to tenant D again. most likely he would get a kickin' at some point in the not so distant future as well ;)
 
You really need some proper advice on this if your seriously going to take it futher, too many possible variables relating to legal and contractual issues.

i.e. its probable hes now technically a "lodger" (if both parties are going to insist no contract exists) which means you can kick him out with "reasonable notice" i.e. make it a right pain for him so he either has to leave fairly soon or pay up.

EDIT: But then the fact hes paid a deposit could have implications here either way so again you need proper advice.
 
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Perhaps I should just let it go. Between myself and the other tenant (A & B), we're pretty good friends and can handle the additional expense between us.

But I don't want no **** thinking he's waking away from this scot-free. If I can believe there is something to gain, then yes, I am willing to take this to Small Claims.
 
Agree totally that you need proper advice, but can't imagine this is going anywhere. Presumably you're on a joint liability tenancy, so the agent and landlord don't care where the rent comes from, you're all jointly liable for it. No recourse there.

And if you haven't kept any paperwork from tenant D, I'm not sure what use taking pictures of his stuff is going to do - he'll just say he had a verbal agreement with you to the end of June, right?

Proper advice or move on, I reckon.
 
Tell him that you have found a friend/short term rental (it's London, there are loads of them) who wants the room and unlike him will pay for half of June and Julys months rent so he has to be out by midnight on Saturday. If he doubts you, actually do it, 10 minutes on Gumtree should suffice to get people looking round to show you mean business.

If he finds this option unpalatable then suggest he pay June's rent asap if he wants to continue living there.

If he raises any issues about him having a contract to live there, remind him that he is also supposed to pay rent.
 
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Its unfortunate that you guys didn't have a copy of the contract too rather the agent's have lost the last one...

I don't think there is much you can do (legally) - he's one of those tards who still doesn't appreciate how things work in the real world... do you have another address for him where you could try the small claims court approach?

Short of the obvious keyboard warrior approach the pair of you could make him feel very uncomfortable in that flat...

edit perhaps as suggested bluff him... state you want him out this weekend as he's not paid for this month and you guys have a friend who potentially wants the room. (obv I don't think you can kick him out at short notice like that but it might result in him leaving, or paying up... or he could just be stubborn)

Also look at getting someone else in for the remaining month then you don't lose much money (other than from possible deductions from the deposit) and have essentially just given the guy an interest free loan (till u get his share of the deposit) and taken on the risk of having to fill the room for a month...
 
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Rich_L said:
Tell him that you have found a friend/short term rental (it's London, there are loads of them) who wants the room and unlike him will pay for half of June and Julys months rent so he has to be out by midnight on Saturday. If he doubts you, actually do it, 10 minutes on Gumtree should suffice to get people looking round to show you mean business.

If he finds this option unpalatable then suggest he pay June's rent asap if he wants to continue living there.

If he raises any issues about him having a contract to live there, remind him that he is also supposed to pay rent.
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I don't think that would quite work. Think he's done his research and believes he can stay until end of June.

Ref: https://www.gov.uk/rent-room-in-your-home/ending-a-letting
 
dowie said:
Its unfortunate that you guys didn't have a copy of the contract too rather the agent's have lost the last one...

I don't think there is much you can do (legally) - he's one of those tards who still doesn't appreciate how things work in the real world... do you have another address for him where you could try the small claims court approach?

Short of the obvious keyboard warrior approach the pair of you could make him feel very uncomfortable in that flat...

edit perhaps as suggested bluff him... state you want him out this weekend as he's not paid for this month and you guys have a friend who potentially wants the room. (obv I don't think you can kick him out at short notice like that but it might result in him leaving, or paying up... or he could just be stubborn)

Also look at getting someone else in for the remaining month then you don't lose much money (other than from possible deductions from the deposit) and have essentially just given the guy an interest free loan (till u get his share of the deposit) and taken on the risk of having to fill the room for a month...
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I think tenant D has been careful with all of this. I suspect he's taken the copy we had (it was accessible by all).

Sad times!

Edit: yep, we are considering getting a flatmate for the final month. But this is in itself a little risky I guess - stranger around my possessions for a few weeks, etc.
 
If it's a joint tenancy then you are all equally liable.. in reality that means that they (agent/landlord) will get the outstanding debt from who ever is easier.

If tenant D has no written contract, then throw his butt out onto the street.
 
if no contract exists then all stop paying rent and go to Vegas...

I doubt very much any other tenants will be liable for rent but obv. the utilities. Uni students ?

get over it and move on. didn't they pay a deposit that will be forfeited ?
 
mattyfez said:
If it's a joint tenancy then you are all equally liable.. in reality that means that they (agent/landlord) will get the outstanding debt from who ever is easier.
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Yep, this is why the remaining tenants are continuing to ensure the rent is paid.
 
Efour said:
if no contract exists then all stop paying rent and go to Vegas...

I doubt very much any other tenants will be liable for rent but obv. the utilities. Uni students ?

get over it and move on. didn't they pay a deposit that will be forfeited ?
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We believe the original contract still remains, that being that A, B and C are on the contract.
 
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