Student lease agreement - 6 sharing house. Jointly liable. 3 have pulled out.

[islandgirl]

Exactly. May be worth the money to get direct from LR but it is your call. Obviously the sooner you move the better as you are giving the LL more time to find alternative customers

From the shelter website:

Your agent must give you the landlord's name and address if you ask for it in writing. You can email or send a letter.

They have 21 days to give you the information in writing. The council can prosecute the agent if they do not reply. The agent could be fined up to £2500.

You could make a formal complaint to the agent if they do not provide the information you have asked for.

[paulfoel]

Thanks for all the brill help on here.

Son has tried to seek to his future housemates (one of whom is now his ex-GF which is why its difficult) to say they may need to sort something out with replacements but hes had no luck so far.

Unbelievably we got a message from his Exs mother last night. Apparently, because our son basically arranged this house share (even though they've all signed) hes now "holding the financial thing with the house over here and trying to get her do something she doesn't want".

Amazing. Which is prime example why some people should never sign anything/

I've told him to leave it for now. Never underestimate stupid I guess.

Thanks IslandGirl - we're in toiwn on monday so may pop in and see estate agent.

[atticus]

This also applies to your other thread...

Many universities nowadays have a student led mediation service. These kinds of situation are part of their daily fare.

[islandgirl]

It looks like you would have to find 6 replacements which will not be easy! Better to try to persuade the agent to rip up the contract. Get your "ducks in a row" before you call in - if they are reasonable face to face that's fine but if the answer is a flat NO then have your legal stuff ready. Try to convince them that it would be easier all round to void the contract. Remember their duty to mitigate loss, non signature of guarantor agreements by some parties and potential that the others would not stand up, determination that you would not pay son's rent so they will be going after "men of straw" if they try to sue for rent etc. I also agree about calling in the help of the uni. The ex girlfriend's parent stuff is just "noise". Ignore it. I would not reply. That will annoy this person even more.

[paulfoel]

Well did go and see them. Their attitude was basically that it was signed by 6 adults and, as far as they are concerned, its done and someone will be paying the rent in July. They also said if the students make no effort to find replacements why should he?

I've agreed now that OK I can see his point there and I will endeavour to ensure they try but, given the situation, its going to be awkward. I did point out, surely come July the landlord doesn't want to see no-one moving in and no rent forthcoming and having to resort to the legal route. Like you said, there is not a great chance of getting any money.

[atticus]

Sorry - has the tenancy not started? I inferred that it had started in Aug/Sept 2022.

If it's for next academic year, the landlord must surely have a decent chance of reletting. In that case, should he make a claim, you can forcefully press the landlord on attempts to mitigate losses.

[islandgirl]

I agree with Atticus. I do not at all see his point about why he should not make efforts to relet. I would contact the Landlord as previously advised. I would also write to the agent regarding his duty to mitigate losses and put into writing a) when he was first told b) your meeting when he was told again and c) the decision of all tenants to back out together (if indeed this is where they are) - they may have to also write and confirm this. Keep copies. Send with certs of postage (free). This is your proof that he had a duty to mitigate and chose not to do so. I personally would not try to find replacments but would put the matter entirely back in the Agents hands but that is your choice. Hopefully the LL will see sense.

[islandgirl]

https://www.landlordzone.co.uk/infor...gating-losses/
https://england.shelter.org.uk/housi...re_you_move_in

Good reading material. It seems that the Agent does not potentially have a legal duty to mitigate but that, should it go to court, sympathy may well be with the students in this case. I think I would write as above to a) the LL and b) the agent giving full reasons why the contract needs to be ended and explaining that, even if they go to court, several of the guarantors have not signed and they will be going after penniless students...

If you wish to find new tenants then start looking asap - most houses are signed up for around Christmas I believe!

[atticus]

Any duty to mitigate lies with the landlord. The agent is merely the landlord's representative.

The case in the landlordzone article is different. There the lease had already started.

[islandgirl]

Thank you Atticus. I would definitely be contacting the LL and explaining the situation and telling them about the attitude of the agent.

[paulfoel]

Sorry - has the tenancy not started? I inferred that it had started in Aug/Sept 2022.

If it's for next academic year, the landlord must surely have a decent chance of reletting. In that case, should he make a claim, you can forcefully press the landlord on attempts to mitigate losses.

No its to start in the summer - July to run for 12 months. I know- not sure they felt the need to sign up so soon.

[paulfoel]

Thanks all - in one way I can see the Estate Agents point - he was telling me how hes got x many houses to let and, if 6 adults sign a legal agreement then as far as hes concerned it done and dusted.

BUT, hes operating in a university town. Its Aberystwyth which is not a big place - I understand the student population is almost the same as the local population. I can see how probably a large proportion of his rentals is to students and I guess this sort of thing is always going to happen.

Its like choosing to operate a leasing agency in a student town then moaning that students are unreliable, flakey and got no money.

[paulfoel]

Well it looked like a replacement was being sorted but its fallen through. I'm under no influence that son and his friends have made a massive attempt to get a replacement - I'd put money on them finding this one set of people and thats it.

They're still (the students) inc my son got this idea in their head that they can write to the estate agent and the contract disappears in a push of a smoke despite me telling him about 50 times.

The Estate agent appears to have the same attitude.- keeps telling them they can't back out and they have to pay.As far as I know, they are still not re-advertising.

Maybe time to escalate things a little with this Estate Agents as suggested.

[islandgirl]

Have you contacted the Landlord? Think that would be my next move...keep us informed please!

[paulfoel]

Yes I have got the landlords contact details now and have send an email in the first instance. So we'll see what happens there.