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

[paulfoel]

The students stupidly took the advert down when they had some interest. Then it fell through. Bad idea - leave the advert up until its a done deal.
I've tried to explain to my son that getting a replacement is the way best option in all of this.

[paulfoel]

The other parents have formulated a plan also I hear. Doesn't sound very clever which I'm not surprised at.

They are adamant that ANY contract can be cancelled if you give notice. Hmmm even I know thats wrong..... They're still trying the idea that if they all tell the Estate Agent its not happening then that have to cancel.

Early termination by contract-holder (F+)
36. (1) You may end this contract at any time before the earlier of —
a) the landlord giving you a written statement of this contract under term 49(1), or
b) the occupation date.
To end this contract under paragraph (1) of this term, you must give a notice to the
landlord stating that you are ending this contract[29].
On giving the notice to the landlord, you —
a) cease to have any liability under this contract, and
b) become entitled to the return of any deposit, rent or other consideration given to the
landlord in accordance with this contract.


They also have the idea that this clause above means you can cancel as long as its before the occupation date. Thats not correct is it? You can only cancel BEFORE the EARLIER of a) and b) so since a) the written contract has been provided months ago then that date is gone? Am, I right?

Good idea to get this in writing early but the Estate Agent has already made it clear there is no cancellation clause.

One parent, has, apparently, even tried to say its not legal because they "were too young", Hmmm. Over 18 surely you're an adult in the UK.

[islandgirl]

In my opinion you are correct and they are wrong. The contract has been provided in writing and signed. As you say it is an either / or and "the earlier of"

Too young? How do any students sign any contracts (including for their loans) in that case?

I am sure others will comment but I think the other parents are entirely wrong. Let them try to give notice their way and see what happens (nothing, in my opinion, though I doubt it would cause any extra problems than those you already have). Hopefully someone will confirm that with legal knowledge.

Good luck with the LL - hopefully he will see sense! Otherwise he may have an unlet property in September and only penniless students to sue...(plus of course any guarantors who have signed PROVIDED that their agreements stand up in court which they sometimes do, sometimes don't!) At the very least he should instruct the agent to mitigate the loss and attempt to relet the property, in my opinion

[atticus]

Over 18 is not too young. 18 year olds can enter into legally binding and enforceable contracts.

[paulfoel]

Thanks IslandGirl once again - yes I read it as such also. It is just ludicrous to be honest that this parent is telling everyone he knows the law, his sister has a law degree and this phrase gets them out of it.

Estate Agents have already replied to one or two of them with the same answer. Also, they seem to think the EE would not have checked their own contract for "loopholes" that "clever" parents could exploit.

The "too young" comment drove me over the edge......

Thing is I don't want to get involved in this stupidity. If it ever goes to court, the judge is going to look at someone whos tried this tack and think "are you just plain stupid?" I know I would.

Well, we'll see if the LL comes back with anything.

[paulfoel]

Incidentally, I've heard someone say that all they've done is sign the lease with intention to rent from July 2023 which is different to renting already.
As such, the landlord/agent is only due losses due to the breach of contract and not the actual terms of the rental cost.

[islandgirl]

I have seen the advice given on the other site which does make a lot of sense and seems to agree with what the very wise Atticus has said above. The students would be liable for losses resulting from the breach only as they will never move in. However these should be limited due to everything being done online - the agent is not buying newspaper space and the details are already existing and do not have to be compiled etc. When you contact the LL you can also tell them the above - that the students are not liable for rent only costs of reletting and that you will be disputing even those given the fact that they knew the students were not moving in in Dec 22. The LL is now in a really bad position - no rent and no tenants in Sept....You will of course lose the holding deposit but that should cover any and all costs of reletting. Now that you have that advice I would be going back to the agent and telling them the above too!

[atticus]

The simple point to be made to the landlord and his agent is that they have the opportunity to re-let and that they have an obligation to mitigate losses.

Ignore the other parents and their sister with the law degree can say what they want, but you should keep your eye on the ball.

[paulfoel]

To be fair, I don't understand why the Estate Agent is being like this. I appreciate hes probably sick of flaky students trying to pull out all the time but, hey, don't rent in a university town then. As I said before, its Aberystwyth, the student population doubles the population of the town - I'd put money on most of the rentals he does are for students.

Although I guess he may be thinking, get them to find replacements to save me a little hassle.

With what you you've confirmed that the rent won't be due just any losses, it seems crazy that he'd let it run to July like this.

I remember the conversation though sitting in his office. I told him that I was sorry but due to circumstances there was no way this was going ahead. He gave me the sob story and I agreed that yes they would try to find replacements (which seemed reasonable). They did this but it fell through.

But his bottom line was the come July 1st someone is paying that rent. If no replacements are found then they would instruct the court to chase the money which would likely end up with all tenants getting a CCJ.

Either way the Estate Agent isn't listening to me. The situation is not helped by all the other parents and they're stupid ideas I must admit. I think that is demonstrating to the agent that hes dealing with a load of mugs who can be strung along.

I;'m just wondering if I contact them hes going to see me as just another parent (although he may think oh this one is right) and ignore. Is it worth getting some qualified to write a letter to them explaining these issue so as to add a bit more weight?

[islandgirl]

He possibly does not know he is wrong! He probably thinks he is perfectly correct and will be hauling you off to court for 12 months rental costs come July so will think you are wrong whatever you say. You could use a solicitor to spell out the law to the agent /LL at a cost. Any news from the Landlord?

[paulfoel]

islandgirl I see what you mean. I was just maybe assuming he knows the law as it applies to his business. I think if it was me I'd take time to know it all.

And surely this is not the first time students have pulled out of a house rental?

Well I've got the landlord details - address is listed as the property itself so I don't think he lives there. His full name is slightly unique - i.e. its welsh. I've found an accountant in the same town with the exact same name and have got the email address for him. No reply yet - of course it might not be him but I'm pretty sure.

Any idea how much a solicitor letter would cost?

[atticus]

Ask solicitors. Rates vary.

Welsh names that are unique in, say, Croydon may not be so unique in Aberystwyth.

[islandgirl]

Very interesting. Another option - ask the agent. He must provide LLs contact details by law. I know we said better to go the other way but needs must - you have more faith in the ability of agents than I do - the majority I have dealt with are useless and know little of the law! Is this person a member of a professional body? If so you could complain to them down the line.

[paulfoel]

Ask solicitors. Rates vary.

Welsh names that are unique in, say, Croydon may not be so unique in Aberystwyth.

Of course, being in south wales myself.

But then again some names are not common at all in the more populated areas of wales but are in the more rural and or predominently welsh speaking areas. (Carmarthenshire, Ceredigion, North West wales, Gwynedd, Ynys Mon)

[paulfoel]

Well no reply to the email (it might not even be a valid one) and like I said, landlords address is listed as that of the rental property.

I think it might be time to point out the facts to the Estate Agent.