Student Rent Arrears

[Jonestheskint]

Hi all first post hope someone can help.

 

I'm a full-time student who owe's around 2 months rent. I speakign to family to borro wsome cash but wont be able to pay off whats owed in one go. However, I found out that the Landlords have gone around my house and spoke to one of the flat mates that I owe x amount (which I disagree as they seem to have not taken off the payment made last week) and that they will take it out of everyones accounts to clear the debt.

 

This is really embarrsing for me as i was hoping to keep this discreet that i'm having money problems.

 

Are they able to do this? I dont' know how i can face my flatmates, I feel like they trying to bully money out of me through embarrasment which i haven't got.

 

I'd spoken to them on phone asked for a written account of what owed so i can show family, but not received anything and also they had agreed verbally I could pay to catch up with post dated cheques, but this seems to gone out of the window now.

 

any advice?

[Jonestheskint]

By the way i mean the Letting Agency not Landlord and I'm in England.

[rebel11]

Hi jones

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Moved thread.

 

Heres some info in the meantime:- http://england.shelter.org.uk/get_advice/paying_for_a_home

 

You could argue that the Letting Agency has broken Data Protection by passing on your arrears to your flatmates.

You could contact the ICO to file a complaint, that might give you some leverage over your Letting Agency. Just get a statement from your flatmates as proof. Thats pretty serious.

[Aviva]

What type of tenancy do you have? Is it one where you are all joint tenants on the same agreement? If it is these usually state that tenants are jointly and severally liable for the rent. Which means that if one or more of the joint tenants do not pay, the landlord can chase the other tenants for the money. The other tenants would then be expected to chase/take legal action against the non-paying tenants to recover the money. If all the tenants are jointly and severally liable I don't think it would be found that the landlord did wrong by informing the others of the arrears and that they will be expected to pay if you don't as that is what it states in the tenancy agreement. However, if you all have your own agreements then whether or not you have paid your rent is nothing to do with the others and I think that it would be seen as a data protection breach.

[Jonestheskint]

it's a shared tenancy so maybe they not broken the Data Protection Act. They just being a bit underhanded when I'm trying to sort out payment, i'm back home at moment speaking to family to raise some cash. I'll give them a call to see whats happening and why they still not sent out breakdown of arrears for me and why they've ignored my last payment.

[Jonestheskint]

Just annoyed that after agreeing a terms of payment, thye've not rung me and just turned up and said that if all arrears not paid up in 2 days they'll recover all rent from everyone elses accounts.

[rebel11]

I would stop making calls, send e-mails or write letters, as you've already said, 'they break promises'.

 

Just annoyed that after agreeing a terms of payment, thye've not rung me and just turned up and said that if all arrears not paid up in 2 days they'll recover all rent from everyone elses accounts.

[Jonestheskint]

Well this is the problem i dont' seem to always get a reply off them. But I will ring them and say that I'll be putting everying in writing to keep record.

 

End of the day I want to pay whats owed. Realistically they still got my deposit and once thats deducted I'll only owe 1 month. I've asked for a breakdown of costs their checkout process so I can make sure the house is cleaned before I leave etc... nothing from them other than emails to the effect of ring us within 30mins, and now them turning up and and saying to my flatmate if I don't pay, they're going to take it out of his account. by the way can they do this?

[Jonestheskint]

Spoke to Shelter who said they cannot go into someones account to clear arrears. I rang office spoke to someone actually human not the owner of the letting agency. Agreed that I can make payment of 50% of arrears next month followed by remainder fortnight after. Thye also confirmed that they had over stated the amount by over £300 when they spoke to flatmate (though no apology for this). I've followed it up with an email confirming conversation so hopefully they wll reply this time.

[Snorkerz]

All of your co-tenants are jointly and severally liable, so the debt that you perceive YOU owe is actually owed by all of the tenants, and the landlord may seek payment off any one of them. It may even be viewed that he has an obligation to let your co-tenants know that the debt is there so that they can minimise the effect it has on them.

 

Obviously, rent arrears can be a ground for eviction - and it would be eviction for all 4 of you, not just you. However, as you are on a joint tenancy, I am guessing that the amount unpaid is only about half a months rent for the property, and there would need to be 2 months unpaid before the landlord had any real grounds to evict.

 

For future, remember that a roof over your head comes only second to food when prioritising your money - heck you're a student, you could have worked that out for yourself.

 

Dave (also a student - but a bit older @ 46!)

[rebel11]

Good stuff, looks like it's almost sorted.

 

Spoke to Shelter who said they cannot go into someones account to clear arrears. I rang office spoke to someone actually human not the owner of the letting agency. Agreed that I can make payment of 50% of arrears next month followed by remainder fortnight after. Thye also confirmed that they had over stated the amount by over £300 when they spoke to flatmate (though no apology for this). I've followed it up with an email confirming conversation so hopefully they wll reply this time.

[Dotty50]

Hi,

 

Don't trust the letting agent to do the right thing!

 

Do you have the name and address of your landlord (you should have), I would write directly to them, advise why you are financially embarrassed and your intentions to cover the outstanding rent, dates and amounts.

 

As far as checking out of the property, again if the agents are playing silly wotsits, ask your landlord directly. If the agents aren't servicing the property correctly and collecting a management fee, they need to be taken to task! IMO

 

Joint and several tenancies, what fun for students and parents NOT!

[Ed999]

My comments apply only if the premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you have exclusive use of a seperate dwelling), and only if you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Sharing with others

 

The distinction between a tenancy and a mere licence is that a tenancy is created by granting the occupier exclusive occupation of premises; and a licence is created by granting shared occupation.

 

Section 3 of the Housing Act 1988 allows a tenancy to exist if the tenant has exclusive occupation of some living accomodation, even if he shares other living accomodation with other tenants:

 

• http://www.legislation.gov.uk/ukpga/1988/50/section/3

 

Where other people live in the same building, in order to create a tenancy -

 

(a) Each must occupy a seperate dwelling in the building, i.e. a self-contained flat; or

 

(b) The whole building must be occupied as a single dwelling under a single contract, i.e. all the occupiers must sign the same contract, as joint tenants.

 

 

Joint Tenancies

 

This is a type of tenancy that landlords of shared properties like. All the sharers sign a single agreement, and are thereby all bound by its terms and conditions.

 

Landlords like this because it creates ‘joint and several liability’: each tenant is liable for ALL the rent due under the agreement. If any tenant stops paying his part of the rent, the landlord can sue ANY of the other tenants for those rent arrears, not merely the one who failed to pay.

 

If one tenant ends such a tenancy by giving notice, then it will end for everyone (because there is only a single contract, to which everyone is party).

 

To end such a tenancy by agreement, i.e. a surrender of the tenancy, all the tenants must sign (just as they all have to sign the contract creating the tenancy).

 

So if you only have a licence, not a tenancy at all, the other occupiers normally won't be liable for your share of the rent.

[Jonestheskint]

Hi all

 

quick update sorted arrears and paid it all off today so back in the black.

 

Asked about deposit as i'm back home at moment, we're actually moving from property to a new one anyway. They waiting to hear from a firm they use to inspect the proerty and waiting on the last utility bill.

 

I know roof is important unfortunetly my cash flow went awry for a bit but now back on track.

 

Even got my new property all paid up until September. including another bond I'll more than likely never see.

[Ed999]

My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy, and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

I didn't realise you intended to give up the tenancy you were originally talking about, and find other accommodation, as you never asked how you might go about ending your liability for the rent.

 

Do bear in mind that if you move out without ending the tenancy, the rent will continue to run; and you could be sued for non-payment.

 

To end a periodic tenancy, if the rent is due monthly you must give one month's notice in writing, expiring on the last day of a rent period (but if the tenancy agreement requires a longer period of notice, you must give the period of notice required by the agreement); and the notice can even end the tenancy within the first 6 months. This applies even to a joint tenancy; and a notice by any of the tenants is sufficient, so you can give a valid notice.

 

If it is a fixed term tenancy, the tenancy ends when the fixed term expires. No notice is required - no notice at all - provided all the tenants move out before the final day of the fixed term. A tenant can't give notice to end a fixed term early, unless a provision in the agreement - called a "break clause" - allows that.

 

If you do nothing, the old tenancy will of course end if and when the premises are re-let. A re-letting by the landlord always ends the previous tenancy, and stops the rent continuing to accrue due, because re-letting is an act which is incompatible with the continuation of the original tenancy.