tenancy

[Penny Farthing]

Happy Friday everyone and I would appreciate some help over this dilemma. My daughter is at University but at the last moment did not return for her second year she as received a deferral. However by then she had found a room to to rent in a house with 2 others. No tenancy agreement was signed but I did sign and return to the landlord a Guarantor form. Question is am I still responsible to keep paying rent on this entry type room? We are desperately trying to find someone new but no luck so far. Thank you

[MissFM]

Re: tenancy

Good evening Penny Farthing and welcome to Legal Beagles

Someone will be along to help you soon.

Did you really mean to say "Pig" and "Poo"?

[CleverClogs]

Re: tenancy

Did you really mean to say "Pig" and "Poo"?

Perhaps the room is a pigsty?

[Penny Farthing]

Re: tenancy

Absolutely not...serves me right for not 're reading and for using a kindle instead of my usual laptop. Thank you for replying and hoping for any help.

[MissFM]

Re: tenancy

:tinysmile_twink_t2idn't know you could use a kindle to post!

Is your daughter the actual tenant or just one in a multiple occupancy? Often one of the sharers is the tenant and collects a share of the rent from the others - in which case you are probably off the hook if it isn't your daughter.

Do you know if it's under licence or an AST?

In your shoes I would make a friendly approach to the landlord and explain your situation, perhaps suggesting an amicable resolution ie maybe you could pay the first week or so's rent to give them time to fill the vacancy?

Alternatively, maybe the other two sharers might like to split the difference until they find someone else they would feel happy sharing with.

I doubt that you have a huge legal obligation in the circumstances but someone who really does know about these things will be able to impart much more informed wisdom.

[PlanB]

Re: tenancy

but someone who really does know about these things will be able to impart much more informed wisdom.

Here I am

[MissFM]

Re: tenancy

Hiya PlanB! Big relief x :tinysmile_twink_t2:

[Penny Farthing]

Re: tenancy

Many thanks for useful advice. The girls in the house are just on the same tenancy agreement that my daughter was about to sign. I have approached the landlord by email to explain but so far no response.

Kindle' s certainly versatile !

[PlanB]

Re: tenancy

My daughter is at University but at the last moment pig returning for her second year she received a deferral. However by then she,had found a room to to rent in a house with 2 others. No tenancy agreement was signed but I did sign and return to the landlord a Guarantor form. Question is am I still responsible to keep paying rent on this entry poo type room?

Oh dear, my daughter was always on referral at university although she never did dare tell me since I was paying her rent and she knew I would be livid if she didn't pull her socks up :argue: I thought it meant that you have to re-sit an exam or re-do some course work during the summer vacation. Or has your daughter been 'sent down' and won't be returning to the university? Students on referral are normally told about this well in advance of the start of the academic year to avoid this kind of accommodation problem.

Your legal position on liability for the rent will depend entirely on what was written in that Guarantor form which you signed. If it said that you will be liable for "the rent" this may mean that you will have to pay the rent due even if the tenancy agreement was a verbal one or one written on a lettuce leaf. It's most unusual for a Landlord to rent out a house without a formal tenancy agreement signed. It would be signed by your daughter and not you. You simply signed the Guarantee. Quiz her some more or contact the agent involved (if there was an agent involved).

I'm sure your Landlord would be willing to accept a substitute tenant (although he would not be obliged to do this) but the added problem is that the academic year has already started so most students have already bagged their accommodation. Having said that some (quite a lot) don't like what they've chosen and will be looking to move.

There is another thought which is if she is not returning to uni then maybe she will be job-hunting instead and then able to remain in the house and pay her own rent

[PlanB]

Re: tenancy

The girls in the house are just on the same tenancy agreement that my daughter was about to sign.

^^^^ Ah well that may change everything. If there is an existing tenancy agreement already signed by the other two girls but not signed by your daughter it's possible that those two girls will be responsible for all the rent. Joint tenancy agreements usually make each tenant jointly and severally responsible for the rent. This could let your daughter (and therefore you) off the hook.

[Penny Farthing]

Re: tenancy

Many thanks for your great advice. My daughter has only stepped away from her course at Uni for just the year. She returns in October 2014. Certainly a job is a priority !

[Penny Farthing]

Re: tenancy

The tenancy agreement stipulates that each renter is only liable for their own rent. :tinysmile_cry_t:

[PlanB]

Re: tenancy

The tenancy agreement stipulates that each renter is only liable for their own rent. :tinysmile_cry_t:

Is your daughter's actual name on the tenancy agreement regardless of whether she has signed it or not? Has she ever been given the keys to the house so the Landlord could argue that she's taken possession of the property? And was a deposit paid/taken to secure the property?

[Penny Farthing]

Re: tenancy

Her name is on the agreement along with other two girls. It is an Assured Shorthold Agreement. My daughter has never been given a key and has in fact never seen the property.

[PlanB]

Re: tenancy

You need to get hold of a copy of that AST to check the wording. Where did your daughter get the tenancy agreement from? Was this done through an agent? If she signed an application form for the property or any other paperwork with an agent this could be relevant. Leaving a deposit will be highly relevant since this shows intent. I'm inclined to think that since she didn't sign on the dotted line she (and therefore you) may be able to walk away from the deal.