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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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A co-tenant does not want to pay his part of the bills and

Resolved Question:

A co-tenant does not want to pay his part of the bills and is moving out with 2 days notice, how do I get the due amount?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can answer this for you.

tdlawyer :

Did you both have a tenancy agreement in writing with the landlord?

tdlawyer :

Are you there?

Customer:

yes

tdlawyer :

Did you both have a tenancy agreement in writing with the landlord?

Customer:

yes

Customer:

we are about to get the gas bill for three months

tdlawyer :

Okay. Who signed up to the gas supply, both of you?

Customer:

and he is leaving with no notice period and does not want to pay the bill

Customer:

yes

Customer:

My question is do I have the right to change the lock

Customer:

and to give his staff when pays

tdlawyer :

Okay. Then the supplier can sue both of you (if it had to), or either of you at its choice. In reality, they would sue both of you I expect. If you were to pay the full sum due to the supplier, then you would be entitled to sue him for his half share.

tdlawyer :

You can change the lock with the landlord's permission, which I expect he would give, if you change it at no cost to him.

Customer:

and what if he break the door

Customer:

he is agresive

tdlawyer :

Then you can phone the police, have him arrested and charged for criminal damage.

tdlawyer :

And then you will have to change the lock, as the premises will not be secure - but liaiase with the landlord as it's his premises, and you need to be sure you don't get blamed for any of this.

Customer:

But he will say this is his house at least to Monday I am planing to change the lock tmrw night

Customer:

Just tell me if I ask too much

Customer:

I worry too much at the moment

tdlawyer :

You cant change it until he has gone. He has a right to be there until he abandons the house.

Customer:

but what if he takes my staff we both same things together I mean we were shring

Customer:

'bought'

tdlawyer :

Well, if you changed the locks, you would need to be there to make sure he had access whilst he is still properly entitled to be there.

tdlawyer :

Or you move your stuff out the way until he is gone (if possible).

Customer:

not possible, everithing is happening too fast

Customer:

so there is not way I can make him to pay his bills, or a rent for the notice, i cannot find a new tenant that fast

tdlawyer :

You can make him pay by issuing a court claim against him at www.moneyclaim.gov.uk.

tdlawyer :

This would be for his share of the rent for the notice period (and beyond, if he is still in a minimum term) and the bill sum.

Customer:

what is a minimum term

Customer:

sarry

Customer:

sorry

tdlawyer :

When you entered the tenancy agreement, you presumably did it for a period, e.g. 6 months, or 12 months, which would be the "minimum term."

Customer:

it is for 12 months, from 20 october 2013

tdlawyer :

So you could ask him for the rent until you get a new tenant then.

Customer:

Oh can I, when i told the landlord to ask them for rent to cover a month of notice period he said i between us and if he does not pay to go to solicitor

Customer:

'to ask him'

tdlawyer :

You can use a solicitor or do it yourself at www.moneyclaim.gov.uk

Customer:

well so I can make him pay by issuing a court claim against him

Customer:

last question, is it too expencive to do this

tdlawyer :

It's not expensive, it'll cost about £50 to issue a claim - it depends on the exact amount though, but it's not significant.

Customer:

Thank you very much for your help, if you think this will work so I will issue a court claim

tdlawyer :

Good luck - I hope you manage to resolve this quickly!

Customer:

I want to beleive I will, but it is too hard to fight ..... Thanks

tdlawyer :

You're welcome, if I can help again in the future, just le me know.

tdlawyer :

Are you happy with the service this evening?

Customer:

Yes I am

tdlawyer :

Fabulous. Thank you.

Customer:

Thanks

tdlawyer :

Bye.

Customer:

Bye

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