Joint tenancy, tenant non-payment of rent share

[taylorit]

Hi

 

I am in need of some urgent advice, I am on a short-hold assured joint tenancy agreement and the tenant I am sharing the property with is a friend (soon not to be) has failed to pay his rent, we are now two months in arrears. All he has paid to date is the deposit, have had numerous promises of will pay it tomorrow or this week and still no further, rent is due on the 23rd of each month.

 

Now I have stumped up and paid is share of the rent to the agent to alleviate any problem with the agent, but what can I do? Ideally I want them out now, I have rented the property for 8 months on a short-hold assured joint tenancy prior to the new tenant moving in after the last moved out due to a job relocation.

 

Even though I can afford the rent and bills of the property solely, I am not prepared to let the other tenant now known as squatter to live rent free. He has also not contributed to any bills either.

 

Any advice would be great.

 

Thanks

[Conniff]

You send him a letter before action telling him he has ten days to repay you or you take it to court. Do it by recorded delivery letter, don't just give it to him and because you are living in the same property, there is a chance you might feel awkward doing this, but you must take the bull by the horns.

 

 

Find out as much as you can about him ie where his parents live etc.

 

 

You would be much wiser however to give him one weeks notice to get out.

[taylorit]

Hi I gave him this letter non recorded on the 18th November and he replied in writing on the date he moved out without notice (a copy I can post up if needed), I came home to him not here with his keys left on 23rd November with his letter in response to my NBA.

 

To help him out I paid his agency fees of £194, the deposit of £522.50 (which he has paid back £522.00), also paid his share of the rent of £462.50 for October and November. TOTAL Owed £1119. As he moved out without notice on 23rd November day before December rent was due, can I claim for this as well? Can I claim for the rent due for the duration of the tenancy he signed also?

 

Also some help writing Particular of Claims please?

 

Thanks

 

Matt

[ericsbrother]

simple claim for money owed due to an agreement. Then a short explanation of rent on other monies of £x due to be paid to me on such a date remains unpaid, contrary to the agreement. The detail can be added if filling out paper claim.

[taylorit]

Thanks

 

Can the below please be checked? Will be using the MCOL and post the court bundle to Northampton.

 

Particular of Claims:

1. Defendant entered into a joint assured short hold tenancy agreement under part 1 of the housing act 1998 (as amended by The Housing Act 1996) for a minimum term of sixth months from the date of commencement of 24th September 2014 with the claimant.

2. The defendant has failed to pay the agreed 50% share of rent due on the 24th of each calendar month.

3. The claimant paid to the landlord’s agent: the agent’s fees of £194.00 and 50% share of the deposit £522.50 on behalf of the defendant on the agreement that the defendant would repay the claimant.

4. The defendant repaid £522.00 of the deposit to the claimant on xxxxx

5. The claimant has failed the repay the agent’s fees to the claimant.

6. The defendant vacated the property on Saturday 22nd November 2014 without giving 1 month’s calendar notice as required under the tenancy agreement and before the expiry of the minimum 6 month tenancy term.

7. Claimant claims the costs of the share of rent for duration of minimum tenancy term £2775, agent’s fees £194, interest in accordance with section 69 of the County Courts Act 1984 from the date hereof to the date of judgment or earlier payment and costs allowed by the court.

 

Court Bundle:

1. Statement of Account of monies owed

2. Copy of Joint Tenancy Agreement

3. Copy of Notice before action letter from Claimant to Defendant

4. Copy of response letter from Defendant to Claimant.

5. Copy of bank statement showing payment of deposit.

[citizenB]

Have moved your thread to General Legal issues as you are in the process of issuing a claim.

 

You need do nothing, it is purely administrative and you will still be able to find and post on your thread

[SabreSheep]

ok familarise yourself with the process

 

1) finalise POC and attach/add it to yoru claimform (or do it online)

worry about bundle later when the court asks for it

[taylorit]

Final POC:

1. Defendant signed a joint assured short hold tenancy agreement under part 1 of the housing act 1998 for a minimum term.

2. The defendant has failed to pay the agreed share of rent due on the 24th of each calendar month, share of utility bills and council tax.

3. The defendant vacated the property on Saturday 22nd November 2014 without giving notice as required under the tenancy.

4. Claimant claims the costs of rent £3006.75, agent’s fees £194, utility bills £213.65, council tax £344.90, interest in accordance with section 69 of the County Courts Act 1984 from the date hereof to the date of judgment or earlier payment and costs allowed by the court.

[steampowered]

That looks fine to me.

[taylorit]

I have submitted the claim however made an error on the POC! in the daily interest I put the total amount interest stands at vice the daily rate of interest, advice please?

[SabreSheep]

phone the CCMCC center for advice. IF you get chance to edit your POC

 

I would not hesitate to add to the POC somethign along the lines.

 

The joint tennancy is signed by XXX and XXX as tennants

The joint tennancy makes both ljointly liable to rent etc.

Therefore I have had to pay XXX and XXX which constitutes Naughty Persons Contribution to the Landlord.

 

 

This is my suggestion to tie up liability to you as opposed to the tenants liability to the landlord.

 

Others may say im over complicating so listen to their input

[taylorit]

Anyhow I did not amend the POC in the end, and no payment was forthcoming, I issued a CCJ and then a Warrant of Control a month later. Now the debtor still hasnt paid up, should I go ahead and put up to the High Court? The debtor lives between his parents house and at his employment, which address should I use? everything has used parents address from the start to present. Amount owing is around 4k now with all the share of bills etc added on + interest.

 

Advice please? Can I also have some help completing the form to put up to the High Court?

 

Thank you

[Ganymede]

Anyhow I did not amend the POC in the end, and no payment was forthcoming, I issued a CCJ and then a Warrant of Control a month later. Now the debtor still hasnt paid up, should I go ahead and put up to the High Court? The debtor lives between his parents house and at his employment, which address should I use? everything has used parents address from the start to present. Amount owing is around 4k now with all the share of bills etc added on + interest.

 

Advice please? Can I also have some help completing the form to put up to the High Court?

 

Thank you

 

If he has no home or assets what do you hope to achieve from sending bailiffs/HCEOs etc?

[steampowered]

As you know he is employed but he does not have an independent address, you might be better off going for an attachment of earnings order rather than using bailiffs.

 

 

An attachment of earnings order would require his employer to pay a portion of his wages to you rather than to him, until the debt is paid. If you want to go down that road, do give him a fair warning in writing that you intend to do that unless he contacts you to agree a payment plan.