Flatmate / Refusing To Pay Rent / No Contract

Nitefly · 12 Jun 2013 at 12:59

If he is down on the tenancy deposit scheme it's going to be hard for the landlord to deny knowledge that he was a tenant. Really, assuming you are joint tenants (as otherwise there wouldn't be an issue), you want the landlord to confirm that he was a tenant. Providing that you will be paying the landlord anyway the sums due, they should have no reasons to dispute this. This will make a claim as you describe a walk in the park. If the landlord doesn't want to play ball, then it probably is going to be a royal faff.

In short, speak to the landlord and confirm you will pay the sums due but want their agreement that he was a tenant so you can pursue him.

Freddie1980 · 12 Jun 2013 at 13:08

Courts will take to long and your tenancy is up in August and even if you got a judgement he will most likely stiff you. You could put up with it until August and tryband convince him to pay or give him notice and if he doesn't pay change the locks and put his stuff out on the street what you is up to you I guess. The second option might be easier if you have the backing from you other flatmate.

Amleto · 12 Jun 2013 at 13:08

Nitefly,
why would the LL do that when it seems the agency never told the LL about the new tenant?

UncleRuckus · 12 Jun 2013 at 13:12

He has no contract and isn't willing to pay rent? Get you and your flat mates to throw him out tonight.

Hades · 12 Jun 2013 at 13:15

Locky said:
If he paid no rent get his **** chuck it out on the street and throw him out.

If there is no contract that can be found and if he is refusing to pay rent then I agree with this. Just throw him out of the flat immediately and change the locks.

Nitefly · 12 Jun 2013 at 13:17

Amleto said:
Nitefly,
why would the LL do that when it seems the agency never told the LL about the new tenant?

I fail to see why they wouldn't do that, save for the embarrassment of the agency in their failure of their duty to the landlord. Certainly less embarrassing than having the OP present evidence in court that they are big reckless with the tenant deposit scheme.

As I said, get the landlord on your side. If he is receiving all monies due, he will hopefully comply.

anything I don't mind · 12 Jun 2013 at 13:21

Take his deposit and kick him out as soon as possible. Divide up the remainder of the non paid rent between the tenants. So if its £600 then £200 each. If you have any friends that need a place get them to live there for a reduce rent to try and reduce that £200 as much as possible.

Haggisman · 12 Jun 2013 at 14:31

mattyfez said:
Throwing his stuff out will put you totally in the wrong, as would kicking him out thinking about it properly -

Why? There's apparently no contract to give him any legal protection against this

mattyfez said:
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..

The OP isn't D's landlord, and neither is D a tenant. He has no rights to be on the property, or to store his belongings there. Unless he has a contract to prove otherwise?

utajoker · 12 Jun 2013 at 14:57

Next time he is out place all his possessions on the street.

He hasn't paid this months rent so he shouldn't live there.

AJK · 12 Jun 2013 at 15:00

All the "physically kick him out", "put his possessions on the street" comments do seem to rely pretty strongly on this chap not suddenly producing a signed copy of the contract and calling the police...

UncleRuckus · 12 Jun 2013 at 15:08

AJK said:
All the "physically kick him out", "put his possessions on the street" comments do seem to rely pretty strongly on this chap not suddenly producing a signed copy of the contract and calling the police...

That would surely be a good thing as he then would need to pay his dues.

theleg · 12 Jun 2013 at 15:12

Problem is...

He admits he has been staying there and paying rent but has given the other tenants notice that hes leaving. and the rent for that period of notice has now been paid by the other tenants...He has clearly been living there for a few months and paying rent. He is a tenant. Its his word against the OPs that there wasnt a verbal agreement in place, and as he has in fact been paying rent and living there, he has that on his side.

The major issue here is that the OP didnt get the updated lease to the agency.

Firestar_3x · 12 Jun 2013 at 15:13

100% agree with kicking him out, if he has no contract then he has no right to stay in the house, tell him to either show you a contract stating he can stay, or tell him to get lost.

theleg · 12 Jun 2013 at 15:16

Firestar_3x said:
100% agree with kicking him out, if he has no contract then he has no right to stay in the house, tell him to either show you a contract stating he can stay, or tell him to get lost.

He can quite easily claim there was a verbal agreement and he can even more easily prove it. They cant just kick him out.

dowie · 12 Jun 2013 at 15:20

Kicking him out would be quite satisfying and the process of it would likely either get him to cough up the rent and/or he'll disappear to his parents/mates sofa... There is a chance however that he reports the incident to the police and takes legal action over an illegal eviction... he doesn't need a contract.. he can show that he's been paying rent and unfortunately non-payment of rent doesn't mean you can evict someone simply by removing their stuff... In fact all the tenants could decide to simply stop paying rent to the letting agents (who lost the amended contract) and it would take over 2 months for them to kick you out of the place... (though they'd also attempt to pursue you later).

AJK · 12 Jun 2013 at 15:23

UncleRuckus said:
That would surely be a good thing as he then would need to pay his dues.

Yeah, except that all the other tenants have just chosen off their own backs to boot all his stuff out into the road... I don't think the likely response is that he'll just turn up and say "sorry chaps, here's my contract after all, I'll just pay up and carry my stuff back in"...

Keyboard warrior attitudes won't help here.

eatcustard · 12 Jun 2013 at 15:25

dowie said:
Kicking him out would be quite satisfying and the process of it would likely either get him to cough up the rent and/or he'll disappear to his parents/mates sofa... There is a chance however that he reports the incident to the police and takes legal action over an illegal eviction... he doesn't need a contract.. he can show that he's been paying rent and unfortunately non-payment of rent doesn't mean you can evict someone simply by removing their stuff... In fact all the tenants could decide to simply stop paying rent to the letting agents (who lost the amended contract) and it would take over 2 months for them to kick you out of the place... (though they'd also attempt to pursue you later).

but tenant A and B could just say he left of his own accord.

Can D prove otherwise?

theleg · 12 Jun 2013 at 15:27

eatcustard said:
but tenant A and B could just say he left of his own accord.

Can D prove otherwise?

People arent that stupid though

If the guy calls the police saying hes been kicked out or whatever. The police are gonna turn up and see all his belongings on the floor outside and him homeless.

Left of his own accord?

mmj_uk · 12 Jun 2013 at 15:29

UncleRuckus said:
He has no contract and isn't willing to pay rent? Get you and your flat mates to throw him out tonight.

This but try to get hold of his key first and play dumb if he 'loses it'.

EdGey · 12 Jun 2013 at 15:36

Kick him out instantly if you haven't already, regardless of whether he's ready to leave.

If he hasn't/doesn't intent to pay and is no longer on the contract, he has no right to be living there...