3 in a flat share, repercussions if one flatmates stops paying?

**Purple1** · 10-01-2013 22:01 PM

I was wondering if anyone could help. There are three of us renting a flat on an Assured Shorthold Tenancy Agreement. We all pay individually via direct debit to our landlord. One of our flatmates has given up her job and now we are worried if she can't find another, she won't be able to pay her rent. If this is the case will it mean we'll have to pay it for her or is it between her and the landlord? We can't find anything in the tenancy agreement that helps... Thank you in advance.

**MSaxp** · 10-01-2013 22:07 PM

Is the tenancy agreement between all of you and the landlord or individual for each one of you for your split of the rent? If the latter, it's not your problem. If the former, all 3 of you are liable for the whole rent, regardless of who contributes

**thesaint** · 10-01-2013 22:08 PM

If you are joint tenants, then you are basically one tenant.

**Purple1** · 10-01-2013 22:11 PM

I know this sounds silly but how can I tell if its a joint tenancy or not?

**MSaxp** · 10-01-2013 22:14 PM

Do you have an agreement between purple and landlord for £100 a month or between purple, orange and Green and the landlord for £300?:-) the latter is a joint tenancy

**westminster** · 11-01-2013 11:07 AM

If you have a joint tenancy (of the whole property), not three individual tenancies (for a bedroom each), then it's likely that you agreed between you each to pay a third of the rent. That's a private contract between the three of you, and nothing to do with the landlord.

From the legal POV, you are all individually and jointly liable to the LL for ALL of the rent, not just a 33.3% 'share'. If both of your flatmates stopped paying, the LL could, if he chose to, legally pursue you alone for the unpaid rent.

But if, say, you ended up having to pay 100% of the rent, then you could claim against your flatmate(s) for the rent you paid on their behalf, because of the private contract between the three of you.