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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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My daughter shared a student flat from 1st September 2014

Resolved Question:

My daughter shared a student flat from 1st September 2014 until the end of June this year (10 months) Her flat mate only stayed for about 3 weeks and left to live with her boyfriend. The letting agency have been trying to get the rent payments from her (my daughters flatmate) ever since (the Tenancy agreement is 'joint and Several liability') The landlord did not ask my daughter to pay her flatmates share of the rent during the term of the tenancy, and they said that they wouldn't. The letting agents went to her guarantor (her father) he refused to pay and now he has a CCJ against him. The letting agents are now looking for the girl (shes moved to another city) and no doubt if they find her she will also end up with a CCJ. My daughters worry is that the landlords will now ask her to pay the backdated rent, even though they have said they wont and haven't so far. This is obviously hanging over her head and is a big worry as it will be about £4000. Will they be able to ask her to do this? will there be a time limit to how long they can leave it before asking my daughter to pay? Many thanks Debbie

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, they could I'm afraid. She is jointly and separately liable for the debt so they could pursue her.
They have six yeras to sue either her or the departing tenant.
If she does have to pay then she can always recover by suing the other girl on the basis that there was a clear contract that both would pay a certian sum.
Can I clarify anything for you?
Jo
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Customer: replied 2 years ago.

Hi Jo

Thank you for your reply.

You have confirmed what I thought and at least we can be prepared if it comes to that (I'd better start saving!)

Hopefully they will find the girl and spend 6 years getting the money from her rather than my daughter.

Thanks again Debbie