Flatmate / Refusing To Pay Rent / No Contract

[Camalot]

Seriously put his stuff outside the door and refuse him entry, tell him if he wants to come back he can pay bloody rent like the rest of you.

I wouldn't really condone stealing his things to sell on as it will just agrivate things more.

 

[Haggisman]

Seriously put his stuff outside the door and refuse him entry, tell him if he wants to come back he can pay bloody rent like the rest of you.

I wouldn't really condone stealing his things to sell on as it will just agrivate things more.

But it would be unfortunate if a passerby was to notice a nice shiny laptop sat outside the front door and it were to "disappear"

Anyway, if D has no contract to stay there, then by placing things in the OPs care, surely it comes under unsolicited goods? *


*Yes I'm aware it doesn't work like that

 

[DogsBody]

Just a thought, if he is being a douche, you could tell the small claims court that he has admitted to stealing the new contract that you had a copy of, and that he is now denying it as he doesn't want to pay.

I personally wouldn't bother though I would go with the above advice.

1 week notice, then
Put his stuff on the landing/street and change the locks.
Job done.

 

[ZXSpectrum]

Seriously put his stuff outside the door and refuse him entry, tell him if he wants to come back he can pay bloody rent like the rest of you.

I wouldn't really condone stealing his things to sell on as it will just agrivate things more.

This, wait till he goes out then move all of his stuff onto the street/drive, change the locks then call him and tell him that is stuff is there and to come and take it before the ****** come round. Tell him that he no longer has access to the property that he is not paying for and as there is no contract then he is a trespasser..

 

[leaskovski]

Tenant D doesn't have a contract eh?

Change the locks and throw all his stuff out onto the street, employ a prossie to use tenant D's room, profit.

 

[eatcustard]

If no contract exists with "D" due to lost "contract"
Kick him out now unless he pays today, as he should not be living there, and force "C" to pay his share.

 

[Morba]

kick him out

 

[DanielMMS]

It's already been stated in the OP that the agent has no record of the contract between A, B and D.

That's not quite what it says. OP says they may never have received it but someone must have prepared it. I would have assumed that the agent prepared the revised TA, sent to A/B/D, it was then either returned to the agents and lost or retained by D for his devious machinations. Perhaps I have assumed incorrectly and A/B prepared the revised contract but that would be rather odd.

It's already been stated (link) that all tenants pay rent to A, who then pays the agent.

Missed that one. Shame.

 

[mattyfez]

Throwing his stuff out will put you totally in the wrong, as would kicking him out thinking about it properly -especially if you go the court route, you need to be able to demonstrate you've been very reasonable to strengthen your case.. I'm sure you would have some kind of duty of care, at least landlords certainly do, and they can't put outside/ dispose of tenants property legally without being very careful..

Thinking about it, small claims (it's not called small claims any more but its basically the same) could be the way to go, even with no contract as you have an implied contract (evidence of him paying rent for some time) and witnesses (your housemates).
These things are judged on balance of probability rather than hard evidence (although it certainly helps) so you probably have a case thinking about it.
It would be quite important to get a forwarding address for him, or a parents address for when you file the claim.

Weather you actually recover any money is a different matter but he may well end up with a judgement against him, which will cause him a lot of bother with references & credit checks etc.

You should formally (recorded letter and email)give him 30 days to pay up before you file a claim, so the court can see you have given him ample opportunity to pay.

 

[Schlong&Stable]

Give a weeks notice, THEN take him to court. Don't threaten court whilst he's still there.

The fact he's been paying you his share of the rent thus far is proof he was financially liable for the rent. The lack of the new contract is irrelevant, he obviously isn't person C, so it should be clear (with the first fact in mind) that he arrived thereafter and agreed to the same terms. It's not logical that you'd agree to anything less, knowing you'd be liable for the difference.

It might not be a big sum you're out of pocket, but why be out of pocket at all? It's not your responsibility, he should pay for it. You will win in court.

Oh and as the above person said, don't throw his stuff out UNTIL the week has expired. Ideally give him notice in writing and keep a copy for yourself. Make sure your flatmate views the notice being given so they can be witness.

 

[spudbynight]

Thanks for the info so far guys! Has been really helpful.

We are all jointly liable for the rent. They all pay into a single account I own, from which I transfer to the agents.

Giving him one week notice to move out is sounding good. Might consider it...

An oral contract is as valid as a written one. It is just harder to prove. In the small claims court having a bank statement showing regular payments from D for rent into your account will go a long way to proving this.

I think the small claims court will still be a lot of hassle for this. I am inclined to "chalk this up to experience"

 

[AJK]

An oral contract is as valid as a written one. It is just harder to prove. In the small claims court having a bank statement showing regular payments from D for rent into your account will go a long way to proving this.

Won't D just say "Yes, I verbally agreed to live there and pay until June and no longer, and they're now trying to get me to pay for two months I never agreed to"?

 

[arknor]

It's not your problem if his contract is not with you?

Easy answer is to whack your self in the face with a brick, phone the police and say he attacked you when you asked why he isn't paying his rent.

 

[a1ex2001]

Sounds like a student contract? If you are syudents ring his parents hell even if you are not and you have access to the phone number ring them nothing like a little pressure from the embaressed parents to get the money flowing!

 

[Schlong&Stable]

Won't D just say "Yes, I verbally agreed to live there and pay until June and no longer, and they're now trying to get me to pay for two months I never agreed to"?

He could say that, but the judge would need to weigh up both sides arguments and see which one they believe to be true. As I said above, it doesn't seem logical that they'd agree to a flatmate that would leave two months before the end of a contract knowing they'd have to pay up. This is presumably what the judge would consider also.

 

[theleg]

Personally id chalk it up to experience given that you guys didnt manage to get the contract to the agents. Next time id remember to send stuff like that signature required.

 

[4T5]

Change the locks, When he knocks on the door give him his stuff back in dustbin sacks, Close door, Forget about him, Get on with life.

 

[peter_hutson]

Are you sure there is not some kind of misunderstading going on? I'm aware there are a lot of scummy people out there, but dropping you flatmates in the poop like that and then continuing to live there, not only shows scummyness but tremendous arrogance.

 

[arknor]

Are you sure there is not some kind of misunderstading going on? I'm aware there are a lot of scummy people out there, but dropping you flatmates in the poop like that and then continuing to live there, not only shows scummyness but tremendous arrogance.

bet he will have the atitude "I'm leaving soon anyway so who cares if this place turns into a craphole, I won't bother tidying up after my self anymore"

 

[cokecan]

If he's not on a contract, *call the police and tell them a squatter has taken up residence in your spare room

*not a serious reply