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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 578
Experience:  Expert
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What can I do if my flat mate didn’t pay the rent, tax and

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Hi, what can I do if my flat mate didn’t pay the rent, tax and bills? We have joint tenancy and this month I had to pay 1200 toward rent
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, on 3rd I’ve paid full rent myself and till now I’m chasing my flat mate to pay me back but with no result
JA: Where is the property located?
Customer: Tw140jy
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Hi there
If you are both on the tenancy agreement? Do you have a copy?
If it is a joint and several agreement which they usually are, this means that regardless of the other personal, you will still be liable but I can check for you if you upload a copy.
Kind regards
Customer: replied 8 days ago.
Hi, thanks for response. Yes, I do have a copy.
Customer: replied 8 days ago.
File attached (6G41Q6P)
Customer: replied 8 days ago.
What could I do?
Customer: replied 8 days ago.
What do you think?
Bear with me while I check the documents and ill come back to you
Customer: replied 8 days ago.
Ok thanks

As it is an assured shorthold tenancy agreement, unfortunately your landlord can claim the rent from one of you or all of you so you are each liable.

Your landlord will not be concerned with the one not paying if he can claim from another which he is legally able to do.

Customer: replied 8 days ago.
Ok thanks for your response but this I know already

Have you tried to discuss this with the other tenant? The downside here is that because it is a joint and several tenancy, the landlord will generally not get involved and it is for the tenants to sort between themselves.

You could speak to your landlord and see if there is anything they are willing to do, the landlord may ask that one tenant to leave however the rent for the entire property will remain the same and will be split between the rest of the tenants unless another tenant is brought in to cover that share.

Customer: replied 7 days ago.
I spoke to her and she said she won’t pay it back. I spoke to the landlord and I say or he’s gonna give her notice or I’ll give notice so either way it will end up this agreement. After that I could sign a new agreement only between me and landlord. For my money back I applied to small court
That seems like the best way forward.
Customer: replied 7 days ago.
I’ve read again the tenancy agreement and it says that as it’s joint tenancy agreement, it is against the agreement rule to lock any doors inside the property. My flat mate locked up her room and left on 10th August to visit her sister. In the agreement it says that if any of the role will be broken, the landlord can terminate the agreement without prejudice. Means the landlord doesn’t need to give any notice and he can end up the agreement straight away. I know it would be end for both of us but it’s ok as the landlord is happy to give me new agreement. What you think of this way of sorting it out?
What rule has she broken?
If you are sure your landlord will grant a new agreement, then that seems to be the way forward.
Customer: replied 7 days ago.
As it’s a joint tenancy agreement, none of the tenant has got right for the particular part of the property. The rule says that none of us can lock or put locker anywhere in the property as the whole property is for everyone to use. She locked up her room and went to her sister over a month ago. Therefore she broke the rule.
Customer: replied 7 days ago.
Could I please ask you to email me copy of our conversation?
Thanks
Hi
I dont know how i can email the conversation unfortunately.
Can you copy and paste and save it?
Please also kindly rate my response so I am credited with assisting you.
Kind regards
Customer: replied 7 days ago.
No problem.
So could you just confirm if I’m right with my way of thinking? I need to show this conversation to my landlord
Thanks
Hi
It is essentially down to you/your landlord as to how you want to proceed. If your landlord believes thats the tenancy agreement has been breached by the other tenant, it is up to them as to whether they want to end the agreement and start a new one with you.
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