Issue with "housemate"

[fiatpower]

My housemates and I are looking at taking a fellow "housemate" to the small claims court as they have refused to pay rent for the 6 months that remain on our contract now that they have left (taking the keys with them). They do not live here anymore. The problem is we do not have their address as they refuse to give it to us. We do know their current work, can summons be sent there? Alternatively I have heard that we can use the address of the house we live in as this is our last known address for them, would this count?

[stuart313]

fiatpower said:

My housemates and I are looking at taking a fellow "housemate" to the small claims court as they have refused to pay rent for the 6 months that remain on our contract now that they have left (taking the keys with them). They do not live here anymore. The problem is we do not have their address as they refuse to give it to us. We do know their current work, can summons be sent there? Alternatively I have heard that we can use the address of the house we live in as this is our last known address for them, would this count?

What could possibly go wrong.

Oh yea, a big bald headed ahole bailiff walking down the path with your new PS4.

[fiatpower]

stuart313 said:

What could possibly go wrong.

Oh yea, a big bald headed ahole bailiff walking down the path with your new PS4.

None of her stuff is here so they can't take anything. The plan would be to tell her that she has post and when she comes to get it we tell her what it is.

[stuart313]

You've never dealt with bailiffs then I take it.

[mondeoman]

Just send it to work, or do some ferreting on the net, everyone (well most people) have an internet footprint a mile wide that you can dig around in to find an address. Like her parents house...

[Blakewater]

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

[pork911]

Blakewater said:

A summons is deemed to have been issued correctly if it's been delivered to the last known address and not returned by Royal Mail undeliverable.

and the circumstances the OP sets out have no affect on that?


OP, refer to CPR Part 6, particularly 6.9 which here leads you to 6.15

http://www.justice.gov.uk/courts/procedure-rules/c...

[ging84]

6 months and you couldn't find another house mate?

[untakenname]

Did you know her before you moved into the house? If not then I don't see why you should be liable for a stranger not paying their way.

Surely it should be upto the landlord or the estate agent to be chasing? She will most likely have guarantors (her parents?) so you shouldn't be out of pocket.

[TooMany2cvs]

untakenname said:

If not then I don't see why you should be liable for a stranger not paying their way.

Probably because they've signed a tenancy which holds them jointly and severally liable for the entire rent. The landlord will be renting the entire property. How the house/rent is shared is the problem of the tenants.

[fiatpower]

TooMany2cvs said:

Probably because they've signed a tenancy which holds them jointly and severally liable for the entire rent. The landlord will be renting the entire property. How the house/rent is shared is the problem of the tenants.

Exactly this. We also cannot get someone else is as it is written into our contract that we cannot, besides the fact is that she technically hasn't moved out as she still has the key and is still on the contract.

[allergictocheese]

If you 'send' the summons to your current address, all that'll happen, is when your ex-housemate finds out about the resultant CCJ, they'll apply to the court to have the judgment set aside. Then you'll have to start again.

This is one of those times when you might reflect on your own roles in allowing this to happen and perhaps chalk it up to experience.

[TooMany2cvs]

allergictocheese said:

This is one of those times when you might reflect on your own roles in allowing this to happen and perhaps chalk it up to experience.

Re-reading the OP, it's not six months of arrears - it's the six months remaining on the tenancy after the housemate moved out.

So - let's say the rent is £1500pcm, and there was five people, each paying £300pcm. For the remainder of the tenancy, tbh, I don't see why the four people shouldn't just pay £375pcm each. After all, they're benefitting from a house with more space available.

Yes, problems come if another housemate or two says "Well, sod that" and insists on doing the same - potentially, somebody ends up liable to pay £1500pcm. Such is the risk with signing up to joint and several liability with people who have no great commitment to you.

[MrBarry123]

TooMany2cvs said:

allergictocheese said:

This is one of those times when you might reflect on your own roles in allowing this to happen and perhaps chalk it up to experience.

Re-reading the OP, it's not six months of arrears - it's the six months remaining on the tenancy after the housemate moved out.

So - let's say the rent is £1500pcm, and there was five people, each paying £300pcm. For the remainder of the tenancy, tbh, I don't see why the four people shouldn't just pay £375pcm each. After all, they're benefitting from a house with more space available.

Yes, problems come if another housemate or two says "Well, sod that" and insists on doing the same - potentially, somebody ends up liable to pay £1500pcm. Such is the risk with signing up to joint and several liability with people who have no great commitment to you.

I'm of the same opinion - suck up the difference OP.

Although I'm sure there'd be some kind of safe-guard to prevent this from happening?

[Devil2575]

MrBarry123 said:

TooMany2cvs said:

allergictocheese said:

This is one of those times when you might reflect on your own roles in allowing this to happen and perhaps chalk it up to experience.

Re-reading the OP, it's not six months of arrears - it's the six months remaining on the tenancy after the housemate moved out.

So - let's say the rent is £1500pcm, and there was five people, each paying £300pcm. For the remainder of the tenancy, tbh, I don't see why the four people shouldn't just pay £375pcm each. After all, they're benefitting from a house with more space available.

Yes, problems come if another housemate or two says "Well, sod that" and insists on doing the same - potentially, somebody ends up liable to pay £1500pcm. Such is the risk with signing up to joint and several liability with people who have no great commitment to you.

I'm of the same opinion - suck up the difference OP.

Although I'm sure there'd be some kind of safe-guard to prevent this from happening?

Can the OP simply not contact the landlord and get them to retrieve the key from the missing tennant and then look to find a replacement tennant?

Has the situation even been discussed with the landlord?

[TooMany2cvs]

Devil2575 said:

Can the OP simply not contact the landlord and get them to retrieve the key from the missing tennant

And the landlord finds the tenant how...? The remaining housemates would be best off replacing the lock.

So long as the landlord gets the full rent from those resident in the house, as per the tenancy, the rest is not his problem.

[allergictocheese]

Was this third person on the tenancy agreement? Was the landlord aware that the tenants were subletting to a third party? If so, why was it ok for that person, but you're not allowed to find another to replace them?

[Devil2575]

TooMany2cvs said:

And the landlord finds the tenant how...? The remaining housemates would be best off replacing the lock.

So long as the landlord gets the full rent from those resident in the house, as per the tenancy, the rest is not his problem.

An interesting take on it.

If I was the landlord I'd consider the situation to be a problem. Someone who is no longer living in the house has taken a key with them. While I may have an expectation that the other tennants will deal with it I wouldn't assume that they would.

[JustinP1]

MrBarry123 said:

TooMany2cvs said:

allergictocheese said:

This is one of those times when you might reflect on your own roles in allowing this to happen and perhaps chalk it up to experience.

Re-reading the OP, it's not six months of arrears - it's the six months remaining on the tenancy after the housemate moved out.

So - let's say the rent is £1500pcm, and there was five people, each paying £300pcm. For the remainder of the tenancy, tbh, I don't see why the four people shouldn't just pay £375pcm each. After all, they're benefitting from a house with more space available.

Yes, problems come if another housemate or two says "Well, sod that" and insists on doing the same - potentially, somebody ends up liable to pay £1500pcm. Such is the risk with signing up to joint and several liability with people who have no great commitment to you.

I'm of the same opinion - suck up the difference OP.

Although I'm sure there'd be some kind of safe-guard to prevent this from happening?

Yes, you don't sign a contract that says if someone in another room doesn't pay their rent you will....!

[IanCress]

I used to house share with 3 others, and the contract stated we were all jointly liable for the rent.

One guy left, and when we couldn't (be arsed to) find another housemate, we were eventually all given notice by the landlord.

Seems you're in a slightly different situation though, since the landlord won't allow you to take on another housemate, for whatever reason.