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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14429
Experience:  Solicitor
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One of my housemates is witholding rent as he is now unhappy

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One of my housemates is witholding rent as he is now unhappy his room has been more expensive the past two years he has lived in the flat. He says his room being priced differently is illegal according to his solicitor. This is a joint tenancy. I waas wondering what my rights are.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No.
JA: Where is the flat located?
Customer: Camden Town.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.

Welcome to JA.

I will review your question today and return to you.

Please note this is not a chat service therefore you may experience delays.

Customer: replied 9 days ago.
Hi Anthony, thank you for your reply. Here are some more details. The room upstairs is the largest (Reception on the floorplan attached) with high ceilings and comes with the bathroom attached to it. The purple bedroom downstairs has little light and therefore comes with the other bedroom attached to it. My housemate in the biggest bedroom argues he was never told he was paying more than the two other rooms every month, we had that conversation before he moved in as we did with everyone else that has lived here. He argues however that there is no trace of an email or text message. He mentioned he requested the floorplan from the landlord and his bedroom and mine are the same size (which isn't true, see floorplan attached). He has now requested from the agency that he be allowed to pay his rent separately which they have allowed on this occasion. I called today to check which amount he had transferred so that we can make sure all adds up and it seems he has not made his transfer. What are my rights and is he right in saying all rooms should be priced the same? Thank you.

I am sorry having reviewed the further information I cant assist you. Therefore I will opt out and hopefully another expert will assist you.

Hello my name is Jamie and I will help you.

Did that person sign the agreement? Does it say joint and several?

Customer: replied 9 days ago.
Hi Jamie,

Thanks for your answer, the person did sign the agreement. Here is a copy of the contract.

It’s 9 pages long and in small type. I just need to know if it’s joint and severel?

Customer: replied 9 days ago.
It is joint, I am not sure what several means in this case.

You are all equally liable.

Customer: replied 9 days ago.
It seems it does: "The Tenant" includes the persons deriving title under the Tenant and any agreement or covenant by the Tenant shall be joint and several.
Customer: replied 9 days ago.
Is he right in saying the rooms must be priced the same? And is there a way to get him out of the flat before the end of the tenancy?

No. It makes no difference. If he signed even thought the room is smaller, then it’s tough. He should have checked beforehand.

He is jointly liable. He can’t quit. If he does you can sue him for his share of the rent.

 

 

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 9 days ago.
What are my options and what can I do if does he refuses to pay rent?
Customer: replied 9 days ago.
And could you confirm whether it is legal to price rooms diffrently? His is bigger and more expensive in this case.

You could sue him. Yes totally legal. Its a matter of contract.

Should have checked before signing I am afraid.
Does that clarify?

Customer: replied 9 days ago.
As in the contract needs to specify each amount in this case? Or this is up to us and what matters is the total amount on the contract?

No. Up to you unless the contract specifies otherwise.

Should have checked before signing and agreeing.

Does that assist?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14429
Experience: Solicitor
Jamie-Law and 4 other Law Specialists are ready to help you
Customer: replied 9 days ago.
It does thank you very much.

Pleasure