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

[islandgirl]

Sorry for delay been away somewhere warmer than here...Yes - he has to give it to the tenant (so to your son) on request and it is illegal to withhold it. He has to give you a proper contact address and not the LR one. https://england.shelter.org.uk/housi..._your_landlord

[paulfoel]

No reply to either my letter outlining the facts or my request for landlord details.

Not unexpected - as I said, they have previously advised one of my sons friends that they will not be replying to any more letters or emails and they're position still stands.

I guess I can do nothing else?

[atticus]

If you have made it clear that the landlord has a duty to mitigate losses and will be expected to take steps to mitigate losses, then probably all you can do now is sit tight and wait to see what happens. The landlord's duty to mitigate losses is a point that can be argued in any court action the landlord may bring.

[paulfoel]

If you have made it clear that the landlord has a duty to mitigate losses and will be expected to take steps to mitigate losses, then probably all you can do now is sit tight and wait to see what happens. The landlord's duty to mitigate losses is a point that can be argued in any court action the landlord may bring.

Well yes I put it in writing recorded delivery all the points you good people have advised me. Not heard a thing.

[paulfoel]

Anyone know anything about unihomes. Apparently, my completely useless son signed up for these as well and they seem to playing the same game at the moment. i.e. you need to get a replacements.

[atticus]

The important thing here is surely not the other party but the law.

Does your son know that you have such a low opinion of him?

[islandgirl]

Unihomes are just an agency as far as I know. How can you "sign up" with them? They are a kind of Rightmove for students.

[atticus]

The point is that you need to get it on record that you have told the landlord that it has a duty to mitigate losses and cannot simply use a default position of making the students find replacement tenants.

[paulfoel]

The important thing here is surely not the other party but the law.

Does your son know that you have such a low opinion of him?

Apparently they provide a utilities package (gas,elec, broadband) for a fixed fee per month

[islandgirl]

OK so my daughter has a similar package - with hers you can give 30 days notice to cancel. Read the contract - there is probably something in there similar so give notice now and there should be no charge.

[paulfoel]

UPDATE

Estate agent have come back and said nope they are not giving out landlord details as that's a private relationship between them and the landlord.

Also, as far as they are concerned nothing has changed and they will be looking for the first rent payment on 1st July unless the students themselves find replacements.

[atticus]

UPDATE

Estate agent have come back and said nope they are not giving out landlord details as that's a private relationship between them and the landlord.

Ask them if they are aware of s1 Landlord & Tenant Act 1985: https://www.legislation.gov.uk/ukpga/1985/70/section/1

Also, as far as they are concerned nothing has changed and they will be looking for the first rent payment on 1st July unless the students themselves find replacements.

You can lead a letting agent to water...

[islandgirl]

So ball is back in your court: https://england.shelter.org.uk/housi...letting_agents
My next move would be a formal complaint to everyone on that list!

I would also as per Atticus go back to the agent with the details of the Act and ask again with a 7 day deadline and detaling who you have complained to .

Have you tried to find the address using the other methods (deposit scheme etc)?

I think also if it were me (no legal knowledge just what I would do) it would be time for a letter outlining my position for the removal of doubt. So point by point what has happened and where you are - such as (others may well have better suggestions of what to include)

1. tenants viewed house etc
2. contract signed - when by whom
3. guarantors
4. notified do not want house on x date
5. requested agent relet
6. agents response (detail all correspondence)
7. request for LL address
8. request denied contrary to (L and tenant act)
9. refusal to mitigate losses and readvertise
10. your position (contract but no tenancy created, no itention to create tenancy, duty to mitigate losses, will dispute any and all attempts to collect rent
from students or guarantors

Then send it to them. If he does then try to take you to court you have your position clear and outlined. Given the attitude so far he would be likely to bend the truth in any claim so set it down now. If he disputes anything he can do it now

Keep this letter with copies of all correspondence.

Complain to any professional association he is a member of. Complain to uni housing service, complain to council - make a fuss!
There are no guarantees of course and we cannot be certain you would not be liable but the wise people here and over on LLzone seem to think you would have a good defence if he did go to court.

[atticus]

I agree about a letter, if not already sent, but I would be wary about suggesting there was no intention to create a tenancy. A weak point can diminish strong ones.

[islandgirl]

Thank you Atticus. I merely meant that although a contract was signed there is now no intention to create a tenancy - ie the situation has changed but of course you are the legal professional and the OP should take your advice!