Liable for flatmate's rent arrears?

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  • jeffrey
    replied
    You'd have to sue him to recover his £££ on a 50% (indemnity) basis.

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  • Sash_F
    replied
    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.

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  • jeffrey
    replied
    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).

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  • Sash_F
    replied
    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.

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  • jeffrey
    replied
    Please explain point 3: did L let to you both, or did you sublet part to your flatmate?

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  • Poppy35
    replied
    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.

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  • jta
    replied
    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.

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  • Sash_F
    started a topic Liable for flatmate's rent arrears?

    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?

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