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Flatmate refusing to leave

7 replies

likeaboss · 23/11/2017 12:55

Last year my sister moved in to a rented flat with a friend. Joint tenancy agreement.

All went well, however my sister decided over the Summer to move out when the tenancy ended, as the rent was proving too expensive and she wants to move in with her boyfriend next year.

Flatmate was seemingly fine with this. For reasons I can't get into (too identifying) she is entitled to social housing and said she was pursuing this as a new place to live. They notified the landlord of their intention to leave at the end of the tenancy and he arranged new tenants.

HOWEVER - Flatmate has now announced that she's not going anywhere, and that she intends on staying when the tenancy expires next week. It transpires that her social housing situation isn't sorted yet (why she thought it would be easy I have no idea), and until it is she's not moving out as she'd have nowhere to go. From what I understand, this can and will take about 6 months.

The landlord is aware of his newly intended squatter and I believe is arranging alternative accommodation for the new tenants. Flatmate doesn't seem to give a shit about this (astoundingly she seemed to think my sister should help her), suffice to say they have now fallen out.

My sister is now beside herself with worry that she's going to be liable for the rent as well because they're joint tenants. Is this right? Is there any way she can get out of this? Everything we've read online is really contradictory. She's currently trying to get advice from Shelter.

OP posts:
Notreallyarsed · 23/11/2017 12:58

No, the tenancy ends and your sister moves out. She isn’t liable for rent when she hasn’t signed a new tenancy agreement and hasn’t lived there after the tenancy expired.

Notreallyarsed · 23/11/2017 12:58

Although I’ve just clicked it was a joint tenancy so the LL (if he’s a dick) could sue her too.

Cloudyapples · 23/11/2017 13:00

Op if you’re in the uk please tell your sister to get in touch with shelter - they can give her free advice about her situation

likeaboss · 23/11/2017 15:32

Thanks all. She's currently trying to get in touch with Shelter but is having trouble getting through (she's working so it's difficult to get the time).

OP posts:
Cloudyapples · 23/11/2017 15:45

Phone lines can be v busy - try webchat if they’ve any advisers available or she can try sending a private message through their Facebook page

DancesWithOtters · 23/11/2017 15:52

This reply has been deleted

Message withdrawn at poster's request.

specialsubject · 23/11/2017 16:46

The flatmate isn't a squatter as tenants cannot be.

The landlord will need to evict her through the courts. The council probably won't provide her with a b and b until the day the bailiff arrives.

Unfortunately a joint tenancy means joint liability. The place is still occupied and the rent is still owed.

Your sister did, I hope, provide proper notice in writing and kept a copy?

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