Problem with ex-housemate

L

lithium

Guest
Hi all,

Looking for some tips and advice on how to deal with an ex-housemate. I should state first and foremost that I was the only signatory on the lease (the other two tenants were not nearby at the time to sign, and I trusted both at the time; we were all aware that it was a 12-month lease and we all verbally agreed to it).

So this housemate left the dwelling, having given the landlord 4 weeks notice. The landlord asked the tenant to sublet the room, which she did not do. The tenant did not inform me or the landlord that she was not subletting, nor that she was not paying rent.

Recently the landlord has contacted me informing me of the issue, and we both attempted to make contact with the tenant. All attempts have been ignored. As I am the only signatory on the lease, I am responsible for the arrears, and I can accept that.

However, due to the tenant's behaviour, I really don't feel that I should be left in the lurch, and I intend to bring a case to the courts to claim the losses incurred against the tenant.

I have written a letter, and was planning to send it via registered post (to prove it was sent and that the tenant got it). But it has been suggested to me that a letter from a solicitor would carry more weight.

I plan to go via the Small Claims Court with this, and I want (need!) to keep my costs down. Is it worth getting a solicitor's letter, or hiring one to represent me?

Thanks in advance!

L
 
What sum do you feel is owed to you?

It may not be worth your while pursuing her, even if you think she has the money.
And she may not.
 
The tangible amount is under €2,000. I feel it's enough to warrant the €15 charge from the Small Claims Court, at least.

I'm unsure how to fairly calculate the damages (other than having to take time off work for meetings due to this, etc.).
 
Helpfull lionstour.:rolleyes:

Is the 2,000 arrears only, or are you also including loss of wages in that amount Lithium?

It's worth an application to the small claims court in my opinion.
2,000 euro is a lot of money.

I'm not sure about the situation re solicitor, perhaps someone here could clarify it for you.
 
As you signed the lease why didn't you arrange for the room to be let when your friend left?
 
lithium said:
So this housemate left the dwelling, having given the landlord 4 weeks notice. The landlord asked the tenant to sublet the room, which she did not do. The tenant did not inform me or the landlord that she was not subletting, nor that she was not paying rent.

L
Click to expand...

You should check whether this tenant giving 4 weeks notice would satisfy all of their obligations under the lease. As far as I understand it the period of a residential lease (e.g. "12 months") is effectively meaningless - notice periods are set out in legislation and once these are adhered to you can vacate a property and not be penalised.

I'd say you could be in trouble.
 
What kind of documentation is available to prove that the tenant was actually living in the house?

Did they sign anything? Were they named on bills? Was it written notice they gave the landlord?

I assume that if you go to the small claims court, they will need more than your story
to be able to do anything about retrieving money from the other tenant.

Have yo been able to contact the tenant since?
 
In the absence of any written agreement with the other tenant, I'd have thought you would be wasting your time taking it to court.
 
Legally speaking, you signed the lease with the landlord, so you are his tenant. The other 3 are of no concern to him. It appears that the other 3 people, including the person who left, are all subtenants of yours and you are responsible for managing them. You did not have any written agreement with these subtenants, which makes things difficult, however, you may be able to rely on the testimony of the other subtenants provided they cooperate with your efforts and genuinely witnessesd first hand you coming to a verbal agreement with the person who left.
 
OP..

The only people to gain from this would be the lawyers.

You are on shakey ground as regards real hard evidence -it'll be a question of she said, I said.

It's tough luck on you but unless you want to spend money, time ,stress fighting a dubious case forget it.

Anyway, I don't think Small Claims Court is the right place -I thought it was basically a consumer claims court, but I'll stand corrected.
 
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