Assured Shorthold Tenancy - Student House
Discussion
Unfortunately I deal with commercial not residential property in my day job.
A group of 6 students have signed a tenancy for a house commencing in June 2024. They are jointly liable for the rent etc. Parents have signed rent guarantees.
One student wants to drop out, as they are not staying at uni. Landlord says the remainder have until a date in a week or two’s time to find a replacement or they will terminate the tenancy.
Are they allowed to do so?
A group of 6 students have signed a tenancy for a house commencing in June 2024. They are jointly liable for the rent etc. Parents have signed rent guarantees.
One student wants to drop out, as they are not staying at uni. Landlord says the remainder have until a date in a week or two’s time to find a replacement or they will terminate the tenancy.
Are they allowed to do so?
Chrisgr31 said:
Unfortunately I deal with commercial not residential property in my day job.
A group of 6 students have signed a tenancy for a house commencing in June 2024. They are jointly liable for the rent etc. Parents have signed rent guarantees.
One student wants to drop out, as they are not staying at uni. Landlord says the remainder have until a date in a week or two’s time to find a replacement or they will terminate the tenancy.
Are they allowed to do so?
As far as I am aware no, because there has not been an unequivocal surrender of the tenancy by all tenants.A group of 6 students have signed a tenancy for a house commencing in June 2024. They are jointly liable for the rent etc. Parents have signed rent guarantees.
One student wants to drop out, as they are not staying at uni. Landlord says the remainder have until a date in a week or two’s time to find a replacement or they will terminate the tenancy.
Are they allowed to do so?
Why a landlord would want to end it anyway isn't immediately clear if (as is normally the case) all tenants are jointly and severally liable for the full rent. The landlord can sit back and say "your problem Kids".
Would depend on the contract, but most likely options are:
The contract can end with EVERYONE's mutual agreement.
A new tenant can be added to replace the one leaving
The leaving tenant can pay rent until they find a replacement
The other tenants can pay the extra rent until they find a replacement
ANY of the guarantors could be charged if rent isn't paid by tenants
One potential issue is I am not sure if normal eviction/termination laws apply until the tenancy starts. This may also mean that while you have a contract, any compensation for breach by the LL ending it might be significantly reduced/non-existant because you have several months to deal with it. And this assumes the LL can't argue it should be unwound because the change in occupants is a significant change to the contract.
This may also be why the LL is pushing for it to be resolved fairly quickly - they don't want the students trying to cancel last minute because they don't want to pay extra rent given they can more easily find other students looking for accomodation right now. Chasing unpaid rent is difficult/expensive. They will get arguments about who they should pursue (moved out tenant, tenants still living in the property, guarantor for moved out tenant, other guarantors are all going to point at each other)
The contract can end with EVERYONE's mutual agreement.
A new tenant can be added to replace the one leaving
The leaving tenant can pay rent until they find a replacement
The other tenants can pay the extra rent until they find a replacement
ANY of the guarantors could be charged if rent isn't paid by tenants
One potential issue is I am not sure if normal eviction/termination laws apply until the tenancy starts. This may also mean that while you have a contract, any compensation for breach by the LL ending it might be significantly reduced/non-existant because you have several months to deal with it. And this assumes the LL can't argue it should be unwound because the change in occupants is a significant change to the contract.
This may also be why the LL is pushing for it to be resolved fairly quickly - they don't want the students trying to cancel last minute because they don't want to pay extra rent given they can more easily find other students looking for accomodation right now. Chasing unpaid rent is difficult/expensive. They will get arguments about who they should pursue (moved out tenant, tenants still living in the property, guarantor for moved out tenant, other guarantors are all going to point at each other)
Can't help with question I'm afraid, but I am curious about one detail.
Are parental guarantors liable just for their kid, or liable for all students collectively?
Seems a weak link there for a slopey shouldered parent to offload liability onto other parents in the event of their child breaking the agreement.
Obviously too late to change the contract now, but something to be aware of for others.
Are parental guarantors liable just for their kid, or liable for all students collectively?
Seems a weak link there for a slopey shouldered parent to offload liability onto other parents in the event of their child breaking the agreement.
Obviously too late to change the contract now, but something to be aware of for others.
Ian Geary said:
Can't help with question I'm afraid, but I am curious about one detail.
Are parental guarantors liable just for their kid, or liable for all students collectively?
Seems a weak link there for a slopey shouldered parent to offload liability onto other parents in the event of their child breaking the agreement.
Obviously too late to change the contract now, but something to be aware of for others.
Generally if all the tenants sign the 1 TA then the guarantors are liable for all the students collectively, Are parental guarantors liable just for their kid, or liable for all students collectively?
Seems a weak link there for a slopey shouldered parent to offload liability onto other parents in the event of their child breaking the agreement.
Obviously too late to change the contract now, but something to be aware of for others.
as if the is damage to the property if each guarantor is only responsible for that tenants rent you would have
no way of claiming for damage etc
hellorent said:
Generally if all the tenants sign the 1 TA then the guarantors are liable for all the students collectively,
as if the is damage to the property if each guarantor is only responsible for that tenants rent you would have
no way of claiming for damage etc
That would be my understanding as well. I am responsible for my child’s payments. My child has joint liability with the other students so in theory could become liable for the rent for all if no one else paid. Have to rather hope that doesn’t happen!as if the is damage to the property if each guarantor is only responsible for that tenants rent you would have
no way of claiming for damage etc
qwerty360 said:
Would depend on the contract, but most likely options are:
The contract can end with EVERYONE's mutual agreement.
A new tenant can be added to replace the one leaving
The leaving tenant can pay rent until they find a replacement
The other tenants can pay the extra rent until they find a replacement
ANY of the guarantors could be charged if rent isn't paid by tenants
One potential issue is I am not sure if normal eviction/termination laws apply until the tenancy starts. This may also mean that while you have a contract, any compensation for breach by the LL ending it might be significantly reduced/non-existant because you have several months to deal with it. And this assumes the LL can't argue it should be unwound because the change in occupants is a significant change to the contract.
This may also be why the LL is pushing for it to be resolved fairly quickly - they don't want the students trying to cancel last minute because they don't want to pay extra rent given they can more easily find other students looking for accomodation right now. Chasing unpaid rent is difficult/expensive. They will get arguments about who they should pursue (moved out tenant, tenants still living in the property, guarantor for moved out tenant, other guarantors are all going to point at each other)
Whilst I can understand the landlord wanting it sorted quickly expecting them to sort it in 12 days including Easter when many will have gone home seems a bit unreasonable. The students would like to get it sorted as well as they and their parents don’t fancy a 20% increase in the rent!The contract can end with EVERYONE's mutual agreement.
A new tenant can be added to replace the one leaving
The leaving tenant can pay rent until they find a replacement
The other tenants can pay the extra rent until they find a replacement
ANY of the guarantors could be charged if rent isn't paid by tenants
One potential issue is I am not sure if normal eviction/termination laws apply until the tenancy starts. This may also mean that while you have a contract, any compensation for breach by the LL ending it might be significantly reduced/non-existant because you have several months to deal with it. And this assumes the LL can't argue it should be unwound because the change in occupants is a significant change to the contract.
This may also be why the LL is pushing for it to be resolved fairly quickly - they don't want the students trying to cancel last minute because they don't want to pay extra rent given they can more easily find other students looking for accomodation right now. Chasing unpaid rent is difficult/expensive. They will get arguments about who they should pursue (moved out tenant, tenants still living in the property, guarantor for moved out tenant, other guarantors are all going to point at each other)
Seems to me there shouldn’t be any real issue about who to pursue. The one that has exited seems like the obvious candidate! However given that option they might find a very unsuitable replacement so may be better to go after the ones that are left as they are the ones that have the vested interest in sorting it
Chrisgr31 said:
hellorent said:
Generally if all the tenants sign the 1 TA then the guarantors are liable for all the students collectively,
as if the is damage to the property if each guarantor is only responsible for that tenants rent you would have
no way of claiming for damage etc
That would be my understanding as well. I am responsible for my child’s payments. My child has joint liability with the other students so in theory could become liable for the rent for all if no one else paid. Have to rather hope that doesn’t happen!as if the is damage to the property if each guarantor is only responsible for that tenants rent you would have
no way of claiming for damage etc
Jordie BS, are you sure this isn't the case with your agreement? If not you are in a fortunate minority.
Jordie Barretts sock said:
I am responsible for my son's portion of the rent and only his. That is very clear on his existing and next year's agreements.
Is your son renting a room in a house then or a whole house with friends. In the former option he would only be liable for his own rent certainly. In the latter it would be unusual not to be liable for the whole.Pretty sure. I was very wary for the very reasons you mention.
It does state very clearly on my guarantor form that I am only liable for my son and not the entire house.
Presumably being York with two universities and student accommodation being at a premium, letting a room after a dropout isn't an issue.
It does state very clearly on my guarantor form that I am only liable for my son and not the entire house.
Presumably being York with two universities and student accommodation being at a premium, letting a room after a dropout isn't an issue.
Jordie Barretts sock said:
Pretty sure. I was very wary for the very reasons you mention.
It does state very clearly on my guarantor form that I am only liable for my son and not the entire house.
Presumably being York with two universities and student accommodation being at a premium, letting a room after a dropout isn't an issue.
It says that on my form for my daughter too (up the A1 at Newcastle Uni). But she is still jointly liable as a tenant so in theory could become liable for the whole outstanding rent. It does state very clearly on my guarantor form that I am only liable for my son and not the entire house.
Presumably being York with two universities and student accommodation being at a premium, letting a room after a dropout isn't an issue.
It's not v satisfactory and is one advantage of living in PBSA rather than. HMO property. You pay through the nose but bills are (usually) included and there's zero chance of any additional liability.
I varied the leases and the guarantee for my daughters digs so that I wasn’t liable for other tenants default. The agent was inept and signed it on his clients behalf whilst not understanding the effect of the changes I made. Wouldn’t be surprised if it was ultra vires, which would have been interesting in a dispute
Jordie Barretts sock said:
Ahh, well you may he correct then.
I think you would have to be pretty unlucky for it to actually happen though. You'd have to fail to find replacement tenants (unlikely given there are more students than houses for them in most places) and the other guarantors would have to do a runner too. So fingers crossed its mostly a theoretical risk. I hope!
blueg33 said:
I varied the leases and the guarantee for my daughters digs so that I wasn’t liable for other tenants default. The agent was inept and signed it on his clients behalf whilst not understanding the effect of the changes I made. Wouldn’t be surprised if it was ultra vires, which would have been interesting in a dispute
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