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Pressured into moving out due to "bullying"


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Hi CAG,

 

I'm not involved in this personally, but it's a situation that has arisen with people that I do know and I'd like to know how it could pan out.

 

There are a number of people renting a house together, it's a 1 year contract. They are now a few months into the contract, and there's now a continuous problem between 3 of the housemates (a, b and c).

 

a and b both feel the same way towards c.

 

I am aware that for personal reasons, a and b dislike c, but this is due to them having different personalities and little in common. It is my opinion that a and b are ganging up on c to such an extent that it is impractical for c to live there.

 

There's no violence, or threat of, but a and b are very bitchy and make life for c very uncomfortable - partly by making it so apparent that they dislike c.

 

If c was too uncomfortable to live there (not being precious or delicate, but where an average person would feel very uncomfortable), and c felt they had to move out, would c still be fully liable for their share of the rent payments? Or, would she have grounds to make a and b liable for c's share?

 

Thanks in advance

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Need to see the tenancy agreement, but, in broad terms, yes, c is still liable for the rent.

 

In fact, as all three are likely to have a joint and several responsibility, c could move out, later find a and b have not paid, and c would still be fully liable for all unpaid rents. As would a and b, but the Agent / Landlord would seek to recover any rents due from all three.

 

So, all three need to ensure the rent is paid in full, as they are each fully responsible (the "joint and several" bit) for the full sum due. Having said that we would still need to see the tenancy agreement to give a definitive answer.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Hi, thank you for your response.

 

I also fully expect c to be liable to the landlord regarding the rent, but, do you think c would later have a case against a and b to reclaim that rent from them? Assuming that it was their bullying that made it very difficult for c to live there? i.e. c is contractually bound to the landlord, however a and b are preventing c from the benefits of the contract.

 

Kind regards

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Personally, no, a successful recovery seems very remote. But I'm not a lawyer.

 

I suppose someone could sue for anything, which is why I use the phrase "successful recovery" ;).

 

They've freely entered in to a contract and are bound by it's terms. If they now can't get on then they are caught, even if it seems a hard lesson to learn.

 

I didn't ask earlier, but is there a break clause in the tenancy agreement? And how many people are on the tenancy agreement?

 

Alternatively, why does c not suggest to a and b (with someone else in the room at all times as mediator / referee / whatever) that it's clearly not working, but that they are ALL stuffed if it goes belly up.

 

It could be suggested that a and b (who appear to be the pain here, but don't say that to them!) should find someone to replace c that they can live with - and all three (a, b and c) should then meet the Agent's reasonable costs that may be incurred for drawing up the new paperwork.

 

Best they all cut their losses - and move on, literally and metaphorically :).

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Thanks for the detailed reply.

 

a b and c are all students with very limited finance (all are also friends of mine so i have to stay as impartial as i can!), so mediation, or even moving out is probably not affordable. Think of how many pot noodles they could get for a mediation fee! They are also all as stubborn as it gets so I doubt any will willingly move.

 

Looks like they're just gonna have to put up and shut up :D

 

thanks again

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Mediation fee? I was thinking more along the lines of something much more informal, with someone impartial, but cheap sitting in on their discussion.

 

Say, for instance, (sorry) you? :D Sorry, couldn't resist.

 

Slightly more seriously, that way it should, perhaps, keep any lunatic impulses on the parts of a, b or c, for that matter, at bay. Or, at least, until you are able to run from the room after it all then goes horribly wrong!

 

More seriously, whilst it may be best to stay well out of the way, for now, only you can answer as to whether you would want and/or they would agree for you to sit in and help sort this out once and for all. Life's too short for the type of rubbish c is having to put up with at present.

 

A girlfriend once had a similar problem as a student with a couple in a shared flat. As I remember it it seemed the couple were happy for my girlfriend to pay her share of the rent/bills, but pretty much wanted the flat for themselves. Not nice.

 

Best defence turned out to be offence; OK, I admit it, various friends also helped us out with a few parties / stay overs. Never really heard a squeak from the "delightful" couple after that, bar one very surreal, but funny confrontation, which is too rude to repeat here. As I remember it they moved out first though. Not that I'm suggesting this as a tactic of course.

 

In the meantime, as you say, "put up and shut up" pretty much covers it for now.

 

Best of luck and hope it gets sorted.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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