Housemate Not Paying Rent - Landlord won't seek possession

[roadhouse]

Hi,

This is quite a long one, so bear with me.

There's 3 of us living in a flat, (Tenant A,B,C)

Tenant's C hasn't paid rent for months or bills (which are in our name, but they would still chase all 3 of us if we only paid 66%, but thats a different story!).

After 3 months the landlord sent a court summons for the outstanding rent, and last week (as he ignored it) a default notice was issued. (Ie the court agress you owe your landlord £3k).

However, he hasn't sought possesion? So as far I can can see this is just about debt, not breach of tenancy agreement?

The only reason I can think he's gone down this route is because Tenant didn't pay a deposit, and offered to pay slighltly more per month. The landlord was desperate to fill the room so accepted. Landlord also doesn't do any credit checks etc (more fool him). For £10 I found out some interesting facts about tenant C. He has already got a CCJ and was a "high risk".

So, would I be right in assuming the landlord is either waiting for tenant C to leave and chase, or he will have to employ bailiffs etc. But won't the bailiffs be after goods worth £3k, not actually to evict him?

Enclosed is the tenancy agreement, at first we had individual ones (tenancyOLD.pdf), then we signed a joint one as landlord wanted to re-mortgage (tenancyNEW.pdf) . However luckily he said and isn't chasing the two paying tenants for tenant C's arrears.

Both tenant A & B's deposits are protected.

Any advice would be appreciated, apart from moving out when the tenancy expires!
Sorry if this is confusing!

[CLL1]

Re: Housemate Not Paying Rent - Landlord won't seek possession

Rent arrears can be subject to a straightforward debt claim without L seeking possession, there's nothing wrong with that (though it seems very illogical).

Bailiffs can't take goods from your locked bedroom, only those in the communal arrears/C's room, if unlocked. You will need to prove goods are yours if you don't want them taken.

I wouldn't be too concerned about it - just keep valuables locked in your room. Unless, of course, A & B failed to reply to the claim and judgment is against A, B, & C? In which case, they can levy on any goods (but not force entry). Just don't invite them in.

[roadhouse]

Re: Housemate Not Paying Rent - Landlord won't seek possession

Thanks, the claim is against C only. A & B are ok and luckily the landlord is not chasing us all for the rent arrears as its a joint tenancy!

[CLL1]

Re: Housemate Not Paying Rent - Landlord won't seek possession

He chooses to *not* hold all T's jointly and severably liable, and *doesn't* seek possession? Hmmm.....very odd.

[roadhouse]

Re: Housemate Not Paying Rent - Landlord won't seek possession

yes very, meanwhile Tenant C is ranking up more debts with A&B over unpaid bills!

[Crazy council]

Re: Housemate Not Paying Rent - Landlord won't seek possession

He is probably just hoping the tenant leaves through the pressure. although,, does the TT have any valuable, because maybe the LL is thinking that,. Or, the LL may be thinking the TT will pay at some point in the future, so get the judgement on him first, prior to giving him notice

Is there no chance he will pay ?,

[CLL1]

Re: Housemate Not Paying Rent - Landlord won't seek possession

He is probably just hoping the tenant leaves through the pressure. although,, does the TT have any valuable, because maybe the LL is thinking that,. Or, the LL may be thinking the TT will pay at some point in the future, so get the judgement on him first, prior to giving him notice

Is there no chance he will pay ?,

Doesn't explain why he isn't suing the other two! It's completely illogical.

[45002]

danielson81

Hi,

This is quite a long one, so bear with me.

There's 3 of us living in a flat, (Tenant A,B,C)

Tenant's C hasn't paid rent for months or bills (which are in our name, but they would still chase all 3 of us if we only paid 66%, but thats a different story!).

After 3 months the landlord sent a court summons for the outstanding rent, and last week (as he ignored it) a default notice was issued. (Ie the court agress you owe your landlord £3k).

However, he hasn't sought possesion? So as far I can can see this is just about debt, not breach of tenancy agreement?

The only reason I can think he's gone down this route is because Tenant didn't pay a deposit, and offered to pay slighltly more per month. The landlord was desperate to fill the room so accepted. Landlord also doesn't do any credit checks etc (more fool him). For £10 I found out some interesting facts about tenant C. He has already got a CCJ and was a "high risk".

So, would I be right in assuming the landlord is either waiting for tenant C to leave and chase, or he will have to employ bailiffs etc. But won't the bailiffs be after goods worth £3k, not actually to evict him?

Enclosed is the tenancy agreement, at first we had individual ones (tenancyOLD.pdf), then we signed a joint one as landlord wanted to re-mortgage (tenancyNEW.pdf) . However luckily he said and isn't chasing the two paying tenants for tenant C's arrears.

Both tenant A & B's deposits are protected.

Any advice would be appreciated, apart from moving out when the tenancy expires!
Sorry if this is confusing!

Thanks, the claim is against C only. A & B are ok and luckily the landlord is not chasing us all for the rent arrears as its a joint tenancy!

yes very, meanwhile Tenant C is ranking up more debts with A&B over unpaid bills!

For reference, Same thread here http://www.landlordzone.co.uk/forums/showthread.php?73901-Housemate-Not-Paying-Rent-Landlord-won-t-seek-possession

[Crazy council]

Re: Housemate Not Paying Rent - Landlord won't seek possession

Doesn't explain why he isn't suing the other two! It's completely illogical.

hi, its set up as a HMO with joint overall responsibility for all bills apart from rent, split between all occupants,

[CLL1]

Re: Housemate Not Paying Rent - Landlord won't seek possession

hi, its set up as a HMO with joint overall responsibility for all bills apart from rent, split between all occupants,

Not according to tenancy agreement.

Tenant is defined as A, B, & C.

"Tenant" covenants to pay Rent.

Therefore, J&S liability.