Nightmare flatmate
Question
My sister moved into a flat with a friend after signing the same lease agreement. After a couple of months, and without warning, her friend decided to leave the flat, saying he expected my sister to cover all the costs. He then returned a few days later and things seemed to be back to normal. Now he has moved two friends into the house and he's refusing to pay any expenses, or to move out.
Unfortunately, most of the bills are in my sister's name and she's worried that it if he doesn't pay the rent, she will be liable. She's struggling to pay everything - her debts are getting bigger, her working hours are getting longer and she's stressed and depressed. What can she do?
Answer
Moving in with friends can be difficult, especially when you stop getting on.
Most people who rent privately, and don't share accommodation with their landlord are assured short hold tenants. If your sister has a different type of tenancy, she'll need to get further advice.
If your sister has signed a joint tenancy with this person, she's jointly liable for his part of the rent. As far as the other bills are concerned, she is liable for the whole payment for those that are in her name. She could try to negotiate to pay just her half, but the utility companies are under no obligation to accept this. But she may be able to arrange to pay the bills herself through a payment plan to keep herself out of hot water, and then take action through the small claims court to try to get it back from the friend.
Unfortunately, as a joint tenant, your sister doesn't have the right to exclude this person from the flat without getting a court order. This means he's legally able to come back into the property, even if he has moved out.
As your sister is obviously unhappy with the situation, there are a number of options that are open to her. Firstly, she could inform the landlord. Assured short hold tenants are not usually allowed to sublet any part of the property without permission from the landlord - and they're under no obligation to give it.
She could also ask the landlord to intervene to ask her flatmate to pay his part of the bills. However, the danger would be that the landlord would decide to evict them both for breach of tenancy. If this happens, your sister might want to negotiate with her landlord that he will grant her a new tenancy just in her name once the eviction goes through. She should get any agreement of this in writing.
If she feels she has no choice but to leave, she needs to try to end the tenancy correctly. If she has a contract, and wants to leave early, she should check her tenancy agreement to see if it allows her to do this. Some fixed term tenancy agreements state that tenants are allowed to give notice and end the tenancy early. This is known as a 'break clause'. However, a break clause can only be operated if all joint tenants agree.
If her tenancy agreement doesn't have a break clause, she can only leave early if her landlord agrees. If possible she should get this agreement in writing.
If she chooses to leave the tenancy early when she doesn't have the right to do so, she will continue to owe rent to her landlord. If she doesn't pay this money her landlord is entitled to take action to claim it from her, or her flatmate, or both. The landlord can do this up to the time when your sister would have been able to end the tenancy. Her landlord will only be able to get this money from her if it hasn't been possible to let the property to another tenant during the period she was supposed to live there. Fixed term tenants can be held responsible for the rent until the end of the fixed term.
If she has no choice but to leave early then the best way to avoid paying rent is to have someone else take over the tenancy. The landlord would have to agree to the new tenant taking over. Her current flatmate would also have to agree because in most cases the landlord would have to give them a new tenancy agreement too. If the landlord doesn't accept the new tenant, your sister may be able to negotiate to pay part of the rent she owes (such as two months' rent if there are four months left on the agreement).
If she leaves early without her landlord's agreement, they could take court action to reclaim the rent from her, her flatmate, or both. If this happens, the court would decide whether your sister should pay her landlord the money or not.
Her landlord should try to let out the property again. If they let out the property they can't charge your sister rent as well as the new tenant. If the landlord doesn't make any effort to let out the property, the court is likely to reduce the amount of money she will have to pay.
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Question answered by Shelter
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