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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5513
Experience:  Senior Associate Solicitor
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We sharing a house two family with equal rights on rent and

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We sharing a house two family with equal rights on rent and bills. It is written on rental contract we have in same manner rights and obligations for paying rent and bills. The other family didn't pay half of rent and council tax for a few months. How I can get money back from them if they don't want to pay?
Assistant: Where are you? It matters because laws vary by location.
Customer: TW181
Assistant: What steps have you taken so far?
Customer: Nothing. Just spoke to them.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don't know. Maybe I'm wrong but I can send a copy of the contract and you can light up me?

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today. I am typing out your answer.

There is "joint and several" liability here so you should pursue them for non-payment.

And for the council tax, the council can send the non-payment to the magistrates court which can become very serious.

I would recommend that you send the other family a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as there is a form to fill in.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 month ago.
Can I send you a copy of the contract to have a look on it before I will proceed forward.
Customer: replied 1 month ago.
I'm willing to move out in a few months. It is possible to do this claim later?

Yes, you would have up to 6 years to issue the claim at court (from the date they breached the agreement)

I hope I have answered the question for you. If so could you kindly rate the answer (5 stars at the top of your screen). It won’t cost extra to give the rating and I will be credited for helping you. I can answer follow up questions at no extra charge.

Many thanks,

Jim

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 18 days ago.
Hello Jim. I'm back with a few details on my issue with other family. Does it make any change or difference if I had my mum living with me and taking care of my douther.?do I have to pay more than half of all expenses because a had one person more than they?

Hi, I don't see that it does, no.

If you could also post a new question on the site (it would not cost extra if you are a member) and mark it for my attention.

Many thanks