Flatmate / Refusing To Pay Rent / No Contract
- Thread starter chiggz
- Start date
Oh yeah, I should have guessed.
The agreement states we are all jointly liable for the rent, flat, etc. Therefore if one doesn't pay rent, the others are responsible.
So, as the new contract when tenant D joined is missing - it appears that the original contract still plays here. I know this isn't right, the agents are ***** themselves for losing this. But not much we can do about that now.
I would love to, so love to!
I have three options:
1) Right this all off and just move on
2) Small Claims
3) Beat the **** out of him
Unfortunately 3) will probably do me more worse than good (I'd feel good though!).
The original tenancy usually rolls over as-is unless rewritten or cancelled..
If D is refusing to contribute and he's not on the agreement you have 3 options.
Make him pay
Kick him out
Put up with it
+1
Put his chattels out tonight, wouldn't wait to the end of June, to kick the **** out.
This is what I'm looking for more info on.
Tenant D had made a verbal contract with us that he'd pay his share each month, and find a replacement should he wish to leave early. We have proof that he's been paying his share for the last five months; and that he has not paid for the others.
How much weight does this hold in court, though?
Edit: Yep, I suppose he could argue his verbal contract only specified 'til end of June (or so on). But then, even so - he has not paid his share for June.
Edit2: Even if there is reason for this to be in our favour at all, I'm willing to give it a shot. Like I said earlier, I don't want no fool thinking he can rob us (that's how I feel at the mo).
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Do you not have your copy of the signed new contract? Usually you get two copies of the contract, one you sign and give to the letting agent and one you keep yourselves.
Associate
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No contract? Then he technically should be there, throw his **** out on the street, see how quickly he wants to pay rent then, and stop paying his way Ffs
Soldato
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As already stated put his stuff out in street or get rent in advance from him to cover remainder of contract
Couple of points:
1) If he truly goes down the excluded occupier route then you only have to give him reasonable notice. Give him 1 week's notice to leave on the basis of non-payment of rent, extendable until end of June upon receipt of monies owed. Perfectly reasonable.
2) If he pays rent directly to the landlord he is a joint tenant whether a written agreement exists or not. Check your original agreement to see if it says you are jointly or jointly and severally liable.
Most likely scenario though you'll have to suck it up. But hey, feel free to eat, consume or use anything he brings into the common areas in the house in the interim
1) If he truly goes down the excluded occupier route then you only have to give him reasonable notice. Give him 1 week's notice to leave on the basis of non-payment of rent, extendable until end of June upon receipt of monies owed. Perfectly reasonable.
2) If he pays rent directly to the landlord he is a joint tenant whether a written agreement exists or not. Check your original agreement to see if it says you are jointly or jointly and severally liable.
Most likely scenario though you'll have to suck it up. But hey, feel free to eat, consume or use anything he brings into the common areas in the house in the interim
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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...
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...
Associate
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Tell him to get out and change the locks, if they are standard yale types you can get the barrel cheaply in the diy stores and it only takes 5 minutes and a screwdriver to fit. You can change back to the original before you move out.
Bit concerned that you are suggesting stating in a court of law that you have a verbal contract when a formal written contract has been written up, signed and lost. I would not recommend this in the strongest possible terms.
A small claims procedure is a sensible option. The fact that the contract has been "lost" is a complication but by no means insummountable. I imagine that agent can confirm that the contract was prepared; A and B can state that D executed; the conduct of D, through living in the propoerty, paying rent and paying a deposit, is further confirmation. It would be difficult for D to argue against this.
One question - did D pay his proportion of rent to A, B or direct to the agent?
A small claims procedure is a sensible option. The fact that the contract has been "lost" is a complication but by no means insummountable. I imagine that agent can confirm that the contract was prepared; A and B can state that D executed; the conduct of D, through living in the propoerty, paying rent and paying a deposit, is further confirmation. It would be difficult for D to argue against this.
One question - did D pay his proportion of rent to A, B or direct to the agent?
It's already been stated in the OP that the agent has no record of the contract between A, B and D.
"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."
It's already been stated (link) that all tenants pay rent to A, who then pays the agent.
Tenant C found Tenant D for you? Landlord/Agency still has contract including Tenant C's name as a liable party. If D wont pay then C needs to fulfill their part of the contract and cover the costs as it was them who sorted their replacement.
If the new contract does not exist (Missing etc then the old one is still valid as you can't prove there ever was a new one.)
If D is a good friend of C then it might get sorted.
If the new contract does not exist (Missing etc then the old one is still valid as you can't prove there ever was a new one.)
If D is a good friend of C then it might get sorted.
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I'd go with:
Take an item of value to cover the missing rent (if he's got a decent TV, tablet, laptop, sound system etc.)
If he wants it back he can pay you, otherwise you eBay it.
If this isn't an option, then his stuff goes in black bags out on the street and the locks get changed.
Take an item of value to cover the missing rent (if he's got a decent TV, tablet, laptop, sound system etc.)
If he wants it back he can pay you, otherwise you eBay it.
If this isn't an option, then his stuff goes in black bags out on the street and the locks get changed.