Former housemate left rent arrears on our joint tenancy: who helps?

Summary

On a joint tenancy, every tenant is usually responsible for all of the rent, not just their share. So if a housemate leaves rent arrears, the landlord can chase any of you, and possibly your guarantors. Before paying, ask for a full rent statement and ask whether any deposit still held can cover the arrears first. Agree a split with the others in writing, pay to avoid court action against you all, and then decide whether to claim the money back from the housemate through the small claims process.

Key information

• Joint and several: the landlord can recover the whole debt from any one joint tenant. You then sort it out between yourselves.
• Guarantors: what a guarantor owes depends on the guarantee wording. Some cover the whole tenancy, others one tenant's share.
• Statement first: check the dates and amounts, and that the arrears fall within your tenancy.
• Deposit: if a deposit is still held in a protection scheme, ask for it to go towards the arrears.
• Avoid a CCJ: if the landlord goes to court and wins, all of you could get a county court judgment.
• Getting it back: you can claim from the housemate in the small claims court. A judgment can be enforced against wages if they work, but recovery from someone on low income can be slow.
• Your students' union advice centre can: check the tenancy and guarantee, help you write to the agent, and explain options. They will not pay the arrears or go to court for you.
• Shelter can: explain liability using joint tenancies. They will not trace your housemate.
• Citizens Advice can: explain arrears and debt options using rent arrears. They will not negotiate with the agent for most people.

Practical guidance

• Ask the letting agent for a full rent statement and copies of the tenancy and guarantor agreements.
• Ask whether any deposit is still held and whether it can cover the arrears. See tenancy deposit protection.
• Agree a split with your other housemates in writing.
• Offer to pay, or set up a payment plan, before the landlord goes to court.
• Send the absent housemate a letter before claim to their last known address and email.
• If they do not pay, use the small claims process. Fees apply.
• Ask your students' union advice centre or Citizens Advice for help.
• Ask the Shaman to order the steps.

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