Liable for flatmate's rent arrears?

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    Liable for flatmate's rent arrears?

    1. I rented a flat 2 years ago by myself – I was the only one on the tenancy agreement and paid the full rent and deposit

    2. A year later I got a flat mate, the letting agent did the reference and credit checks and were happy.

    3. He then signed a joint tenancy agreement with me.

    4. The landlord/letting agent refused a deposit from him as I had already put a deposit down – I was not happy about this questioned it but have nothing in writing.

    5. We have both decided to leave the property

    6. On handing in our notice the letting agent advised me that my flat mate is 2 months in arrears with his rent

    7. They have told me if does not pay up, I am liable for his arrears and it will be taken out of the deposit.

    My questions are:
    1. Can they do this?
    2. Why chase me for him not keeping to the agreement that he signed?
    3. Can I take my flat mate to court to get my money back should the landlord not give me back my deposit?

    #2
    Originally posted by Sash_F View Post
    1.
    My questions are:
    1. Can they do this?
    2. Why chase me for him not keeping to the agreement that he signed?
    3. Can I take my flat mate to court to get my money back should the landlord not give me back my deposit?
    1. Yes.

    2. Because it's a joint tenancy. That means you are both liable jointly and separately for the rent in full.

    3. Yes.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      If your tenancy states that you are joint and severally liable for the rent then yes you are liable however it depends on the wording of your contract whether the deposit is allowed to be used to cover rent arrears. You will need to carefully read the wording of your TA to ascertain this.

      Comment


        #4
        Please explain point 3: did L let to you both, or did you sublet part to your flatmate?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          Please explain point 3: did L let to you both, or did you sublet part to your flatmate?
          The letting agent typed up new agreements with both our names on it - if that answers the question....

          i did not sublet or least ito my knowledge i don't think i did. everything went through the letting agent.

          Comment


            #6
            Originally posted by Sash_F View Post
            The letting agent typed up new agreements with both our names on it - if that answers the question....

            i did not sublet or least ito my knowledge i don't think i did. everything went through the letting agent.
            So, as post #2 points out, you both became joint tenants and jointly/severally liable for 100% of the rent (i.e. not half each).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              How do i go about getting the money back that i put down as the deposit from the flatmate should it get used to pay for his arrears and would i have a case? They are going to take £1200, which to me is a lot of money.

              Comment


                #8
                You'd have to sue him to recover his £££ on a 50% (indemnity) basis.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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