Problems with a co tenant …
I recieved this Landlord Law Blog Clinic entry today from Sharon (not her real name):
I have a 6 months tenancy contract for where I am living at present. It is a joint tenancy with a friend.
When we were getting ready to move in she, conveniently, informed me two days before we signed the contract, that she didnt not have the funds for her half of the deposit & first months rent. So I paid my half of the £1050.00 which was £525.00 and my sister paid my new flat mates half on the agreement that she would pay her back.
3 months down the line, my sister has not had any money from her, I have had to pay all of the bills myself (the full amount) as the other tenant has not been contributing and she is paying her rent late, which is understandably annoying the letting agency & the landlord.
As it stands how the other tenant owes me & my sister in total £675.00.
Is there anything I can do to get the money back, it was an oral agreement so nothing was signed. and also how can I get her to move out, i have asked her twice now but she won’t budge.
This just goes to show how careful you need to be with the people you sign a tenancy agreement with. I did a post >> here about sharing which is on a slightly different aspect.
So far as the landlord is concerned, you are jointly and severally liable for all the rent, including her share, but you are legaly entitled to claim it back from her, through the courts if necessary. However this may not be much good if she has not actually got the money.
So far as getting her to move out – this is a bit tricky as she is a legal tenant (I assume she signed the tenancy agreement as well as you). What does anyone else think?
With joint tenancies 1 party can terminate it without the other’s consent. You could have a word with the landlord, explain the problem and see if they will agree to you terminating it early and then re-letting to you afterwards.
You would have to find another co-tenant but it will stop the present one running you into more debt, because I can see that coming.
You may encounter a problem if the landlord agrees but she then refuses to move out because then more debt is being run up and you are still jointly and severally liable buit you have to stop the slide
I’ve been in the exact same situation before.
Luckily for me my housemate’s mum paid her arrears, and I then ended the tenancy wihout her consent and moved out to stop any more debt. It was a difficult decision, but it was the only way to put an end to it. We fell out for a bit, but we’re friends again now, however we might not be now had it gone on for longer!
I have also learned never to sign a joint tenancy again!