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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I rented a property in 2013 after separating with my the

Customer Question

I rented a property in 2013 after separating with my the wife ,a guy from work wanted to move in with me fine , he paid half the rent including bills ,,ie gas electric and soo on , we had our problems and I told himihad enough .our contract on this property is up on January 15 2017 he decided to walk out and now leaves me with the next 2 months rent and bills .how do I stand with claiming this money back ,, in reality he his in breach of his contract with this property.can I take it to small claims ??
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Do you have a written agreement with the co tenant or was he on the tenancy agreement with you?

Customer: replied 1 year ago.
We both have a tenancy agreement both signed by us both
Customer: replied 1 year ago.
The tenancy takes us up to January 15 2017, we do not have a written agreement between ourselves as we agreed when we took this property on with quirk Deakin estate agents in grays essex we would have a standing order set up on my own bank and mr Wayne Walker would transfer his into my account each month
Expert:  propertylawyer replied 1 year ago.

If you both have entered into the tenancy you are both jointly and severally liable. I am sure you are aware that you are now solely liable for the rent and bills.

Any potential claim against the co tenant will need to be based upon the agreement you both had and being able to establish it to the court. in the absence of a written agreement between you both you will need to base this on your course of dealings over the course of the tenancy, I.e evidence of the co tenant's contribution by payment into your account.

It will be your word against the co tenant's. there are no guarantees with court action.