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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1372
Experience:  LLB (Hons)
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I want a letting agency to file a court claim judgement

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I want a letting agency to file a court claim judgement against myself and my flatmate as she has refused to pay her part of rent, even though i have been keeping up with mine. so i want to find out if the court claim would affect me as well, since both of us signed the tenancy agreement? Or she will be made to pay rent cost she has incurred.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the property located?
Customer: manchester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, I'm Lea and I have reviewed your query.

 

Was it a joint tenancy agreement? If you have a copy of it, please attach using the paperclip.

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 12 days ago.
yes it was a joint agreement
Customer: replied 12 days ago.
the first letter was an agreement she made with me to all all the arrears of the rent but she tells me now that, she cannot pay for all

As the tenancy agreement is a joint one, it means that you are both jointly and severally liable for the whole of the rent. That means that if she doesn't pay her share, the landlord can ask you to pay it (and sue both of you for non payment) and likewise if you did not pay your share, the landlord could ask her to pay it (and again sue both of you).

 

If the landlord has taken proceedings against both of you and the court finds that the rent is owed, then it is very likely that the court will make a judgment against both of you for the outstanding arrears. This is because you both signed the tenancy agreement and the landlord is entitled to sue both of you and get a judgment against both of you in order to maximise his chances of obtaining his money.

 

You could, of course, settle the outstanding debt yourself and then sue your co-tenant and get a judgment against her - the letter agreeing to pay would be evidence to the court that she knew she was liable.

 

I know that this is not likely to be the news you wanted, but I have a duty to provide you with accurate guidance.

 

Does that clarify your current position?

Customer: replied 12 days ago.
ok. so what if i decide to pay for everything. How do i sue or make a claim against her?

You can sue her using money claims online here: https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Please accept and rate positively using the five stars at the top of your page as that is how I am paid for assisting you today. You will still be able to ask clarification questions if you need to. Thank you.

Customer: replied 12 days ago.
And also does sueing her have any legal
on me?

In what way?

 

 

Customer: replied 12 days ago.
sorry. i meant does sueing her have any legal implications on me?
Customer: replied 12 days ago.
will it in any way have any impart in my stay in the country?

No, there shouldn't be any legal implications beyond the usual ones in attending court - i.e. you may lose (doubtful, but it'll be up to the judge).

 

It won't have any impact on your stay in the UK.

Customer: replied 12 days ago.
ok. And is the procedure self explanatory on the "money claim" website?
Customer: replied 12 days ago.
or would i ave to contact you again if i push through with the claim?

MCOL is definitely self-explanatory and very easy to use.

 

If you do need to make a claim, you can post a new question on just answer and mark it for my attention if you wish.

 

Please don't forget to rate positively. THank you.

SASH_Law and 4 other Law Specialists are ready to help you
Customer: replied 12 days ago.
i will. Thank you

You're very welcome.

 

All the best.

Customer: replied 12 days ago.
thank you