Help!

sal-ad_daze

Ok, a long story short.
My son and his friend took out a 12 month lease on a furnished flat, we went guarantor for him(not his friend). We had problems straight away in that son's student finance got delayed and delayed so we had to pay the rent for him for the first 4 months. He then got into financial problems and became ill, he isn't going back to uni due to illness but we are now paying another 3 months backrent for him.
His next month is due on 11th of this month but the lease ran out yesterday (it was signed 1st September last year), although the landlord (understandably) is asking for his rent he hasn't mentioned the tenancy. son is going to have to give up the tenancy as he is now on inapacity (or whatever it's called now) and just can't afford it. Here's the dilemma I have, I can contact the landlord today and give him the 3 months rent plus give him a month's notice but son's friend is away and we can't contact him so he doesn't know this is happening, it will leave him in the lurch as whatever happens he'll probably have to find a full month's rental on his own.
I'm just worried sick about where this next months rent is going to come from - and the fact that they are now 'out' of the tenancy agreement period.
Any advice?

BitterAndTwisted

What kind of tenancy agreement was signed, a 12 month Assured Shorthold Tenancy?

I don't understand the part about the rent being due on the 11th but the tenancy ran out yesterday. That can't be right. Can you please give the exact dates from the tenancy agreement?

If the rental agreement was for 12 months why do you assume that it will continue?

Jowo_2

When a fixed term tenancy agreement ends, it automatically becomes a periodic tenancy. The Shelter website gives good info on how to end a periodic tenancy.

Is it a joint tenancy agreement? If so, why do you think it's up to the other tenant to pay the rent for the final month on their own?

A joint tenancy agreement can be ended by any tenant and it takes effect for all. It's up to the remaining tenant to negotiate a new agreement with the landlord.

sal-ad_daze

This landlord has never done anything by the book, he was very friendly to the lads at first and let them move in in August but the lease wasn't signed until September, hence the discrepancy in the dates. We advised son to get a rent book as the rent is always paid in cash but the boys never insisted he filled it in which of course he didn't!
I don't assume the agreement will continue, I assumed because of the problems with the rent it wouldn't but the landlord hasn't even mentioned it. I just don't know what's happening.

BitterAndTwisted

What are the exact from and to dates on the tenancy agreement? These are the important dates not the date it was physically signed.

Is this property in Scotland and did the two tenants give the landlord to understand that they would be continuing the tenancy past the expiry date?

sal-ad_daze

Will need to go and actually look at the agreement, which my son has, to be sure but I think the tenancy dates from 1st September 2009.
The property is in England.
I know the boys would love to stay in the property, it's their first independant home but it's just not possible for my son in his circumstances. He just can't afford it. The landlord hasn't said anything about the tenancy ending just asks for his rent. I don't want to mention anything until I get my facts straight, my son can't cope with this atm. I just don't know where we stand.

BitterAndTwisted

Once you've double-checked the dates and posted them on here you will know where you stand quite soon.

Also double-check whether there's any reference to "jointly and severally liable" in the agreement although I doubt it if you are guarantor for your son's share only and not the whole of the rent

sal-ad_daze

Thank you for all your help, I'm not quite so bothered now although I am worried that if we wait until friend gets back from hols to give notice that's another month's rent and he just doesn't have it. We're guarantors so we will be held liable, we've just paid 3 months rent for him and just don't have anymore! I'd like to give the notice now but it doesn't seem fair without friend's knowledge - he knows that it was unlikely that son would be staying on but he's been away for a month so son hasn't been able to talk to him. If all else fails we'll just have to try and offer a reduced amount to the landlord and keep paying until the arrears are cleared. I'm so worried about this it's making me ill, we're only on a pension so don't have the money spare. Hindsight's a wonderful thing and if we'd realised the problems ahead we'd never have agreed to this at the start!

Svenena

If your son is on some kind of benefits, and wants to stay in the property, has he looked into whether he could get LHA to help him pay the rent?

sal-ad_daze

Svenena wrote: »

If your son is on some kind of benefits, and wants to stay in the property, has he looked into whether he could get LHA to help him pay the rent?

Not yet but even if they pay the rent through housing benefit or something he still can't afford to stay - he's getting about £45pw atm and they put £20+ a week in the electric meter (the flat is all electric), by the time he's bought food and put money aside for the water rates he's over his budget! They don't have tv, landline phone or internet and can't afford to do so, I'd like him to come home for a while (even though we won't get any money for him or from him as they don't consider paying parents as 'rent'), get himself well then look for a more reasonable rental closer to home once we've sorted the benefit minefield!

G_M

If the tenancy started on 1 Sept 2009 and was for 12 months, then the 2 boys could simply have moved out on or before end August, no notice required, and the tenancy would end and no further rent payable.
By staying one day beyond the end of the fixed term, the boys have created a periodic tenancy. To end this they (or one of them), needs to give a full months notice ending with a rental period.

From now to end sept would be less than a full month, so notice needs to be given at any time during Sept to end at the end of October. You/they will need to pay rent for sept and Oct. See shelter here.

The alternative is to negotiate with the LL and agree some earlier date. If all parties agree, then the contract can end at any point. However it sounds like you need to urgently talk to your son's friend to find out his intentions. Does he want a new tenancy there? With a new co-tenant? If so, the LL might be happy to simply end the existing tenancy immediately and start a new one with the 2 new tenants.