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Problematic tenant- What to do?

Starry nightStarry night Posts: 674 Incredible Poster
So, our possible future tenant is being an arse.

He is one of three which includes me, Guy 1 who currently lives next door to me in uni campus first year rooms, and then Guy 2 who lives in other first year rooms across campus.

We have all signed a contract to rent a house starting from late August for year 2 of uni. We've paid first month rent, but not the deposit which is to be paid in about a month and a half, we have to set up a bank account for this, so it all comes from one place (as will the rent) Me and Guy 1 have the deposit ready to transfer.

There are a few reasons why Guy 2 is going to cause problems

Firstly, it is pretty certain that Guy 2 will fail his first year of uni- he hasn't turned up for two of his exams, missed major pieces of coursework (he thinks he will get away with this with a fake doctors note). Secondly, it doesn't look like he's going to get a job either, as he has said to us. He doesn't have any other plan that sounds realistic. He will not be able to pay his rent, almost definitely. We're all liable to pay the rent according to the contract- so, technically, if he doesn't pay, we'll have to.

Secondly, as you can tell he's a bit of a dick anyway. We have mentioned all of this to him nicely, asking him what his plan is etc, and it eventually come out that he's just going to let us pick up the debt because we are all liable, it's a joint contract. He's trying to screw us over. We told him that it gives us little choice but to get another tenant who can pay. He won't forfeit his part of the contract. We need his consent to get another tenant. We tried to set up a bank account with him the other day, and he was just dragging his feet, complaining. Then, it is likely he won't even pay the deposit for the house.

Guy 1 and I have no idea what to do if he wont give up the contract.It's not living with him-we could put up with that-it's that he could put us in debt. We don't want a bad relationship with the landlord, too. All this will be put on us, and we have been organised and up front with the agency and landlord throughout.

We went to the agency and they said that we need his consent to get him out, and he will have to phone them to get anything done. We've been trying to work with him but he's being a pain and making it difficult for everyone involved. I have to go home (6 hour journey) soon, and so signing contracts/getting this done is going to be problematic as well.

Any advice/ help?

Thanks for reading long post of you got through it :)

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Depending on how keen you are, one option might be for the two of you who are being sensible to talk to the agent and find out what happens if you two cancel the contract. May or may not be a line you want to go down but could be worth considering.
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    PGreenPGreen Posts: 175 Helping Hand
    Hey Starry Night

    This sounds so frustrating especially as you are about to head home!

    Has this guy mentioned leaving uni at all? He may decide uni isn't for him but wants to continue living in the city/town you study in. So might be happy to uphold his part of the agreement.

    Is your contract a joint tenancy (so all together) or will you each sign separate tenancy agreements? If it's the later than their proportion of the rent will have to be covered by their guarantor if they fail to pay (assuming as it's a student house you all have guarantors?)

    Maybe you could ask the agency/ land lord to create individual tenancy agreements so that you are all only accountable for your part of the rent. Some landlords may be willing to do this.

    You sound like you have tried to have a reasonable conversation with him, and as Scary suggests one of the easiest ways out of the situation is for you and the 'good' guy to find a 2 bed flat somewhere else. At least this way you know that the rent will be covered and you can avoid some of the drama. Maybe share this plan with the guy - he may suddenly realise that living on his own or back home isn't the best option and be much more co-operative!

    Good luck!
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