Please help student moving house

poppet16_2

Hello i am hoping for some advice,my 18 year old daughter has just had to leave her joint tenancy property.She was been harrased and victimised by the other two girls.She was only there for three nights and they had a party everynight with at least 6 people staying over,the neighbours were calling the police.They were on the flat roof extension and kicked the back door panel through because they were locked out.
My daughter fled the house during the third night being chased down the street by partygoers because she did not agree with the behaviour and was deemed a spoilt sport.
There was a meeting called on the fourth day after we explained to the lanlord why my daughter left and wanted out of the tenancy,we have been and the 2 girls have been told off and charged for the damages (my daughter also has been charged)
We thought because of the extreme cicumstances of her leaving the landlord would have some duty of care and dissolve the contract.
But he has said we have to pay untill the 2 girls living there find a replacement housemate.
I dont know if anyone can help or know where we stand my daughter was scared living there and will not go back or move into anywhere else she is so traumatised.Many thanks to any advice

planemad

Without seeing the words of the agreement its hard to give you an accurate answer.

I would be speaking to a solicitor. does you daughter hold any legal advise or legal expence insurance with any other policy that she has?

RAS

Sadly this is true if it is a joint tenancy agreement. How did she come to know this pair of lovelies?

Your daughter is jointly and severally liable for any rent and damages caused by the other tenants.

I suggest she does a deal with the LL regarding advertising for the new tenant. The other girls have NO incentive to get a replacement, because your daughter has to pay the rent until the end of the tenancy agreement.

In fact, if they accrue arrears the landlord can chase your daughter for them as well as the miscreants.

Jowo_2

A landlord is not responsible for sorting out relationship problems between tenants. Breakdown in relationship between tenants are for the tenants to deal with. It's a great shame that she has been harassed and intimidated by rude flatmates but it's not the landlord's problem.

theartfullodger

Were there any guarantors?? They'll be liable also. Do you know the parents of the other tenants?? Maybe approaching them might get things moved on a bit.

Best of luck, hope it works out..

Artful

poppet16_2

Thanks for the replies,my daughter really had a bad judge of character.
This wasnt just arguments between housemates they were threating her life opening the deadbolt on her bedroom door and stealing money from her room.The night she fled we had to call the police,and it all started because she was disagreeing with them getting keys cut for friends ,smashing doors and sunbathing on roofs.
We are going to seek legal advice she tried to be a good tenant and has been penalised,whilst the girls have been given a second chance.

blackshirtuk

I'm sorry to hear of the problems your daughter is having.

There are 2 issues which you need to separate:-

1. The treatment of your daughter, (it is over nothing can be done now)

2. The tenancy agreement,

Your daughter has moved out but you still need the cooperation of the other girls, they have to agree to any prospective replacement and not put them off.

As others have said it is not LL's problem, but it sounds like he is willing to release you from the contract if a replacement is found.

You need to get actively advertising your daughter's room ASAP, try gumtree, accommodation for students university forums etc. You need to find someone as the other parties will not suffer if no one is found.

poppet16_2

The LL did say it would be them all who would go to court if the rent wasnt paid as they are all responsible for the whole rent not just their share.Does this make a differance ?
thanks again

tbs624

What a lousy start to your daughter's student year.

If all occupants are Uni students, then your daughter needs to talk to the Uni Welfare Adviser because clearly this sort of stress will affect her studies. The Uni may consider that the other girls actions are likely to bring the Uni into disrepute, especially if the police were called by neighbours.

It is generally right to say that LLs can't get involved in arguments amongst Ts but many tenancy agreements have a clause regarding "illegal or immoral" behaviour, not causing annoyance to neighbours/fellow Ts etc . The "illegal or immoral" bit may sound ancient but it is taken directly from one of the Housing Act's discretionary grounds for eviction Check the tenancy agreement through.

If your daughter has been physically threatened, and had items stolen from her,then she should have reported these incidents to the police and obtained a crime number.Deliberately kicking in a door is criminal damage.

With a joint and several liability tenancy the LL can pursue all or any one of the Ts for any monies owed, so if one T refuses to pay rent (or damage repair costs) then the LL *can* look to the others to cover it, and they in turn can sue the non-payer via the small claims court.

Any replacement T has to be approved by the LL, and these other two Ts ,and your daughter will need to pay the "reasonable" advertising costs and rent until a new T moves in. As a previous poster has said, get the room advertised - there are various student accom websites - google "student houses" - and many of them allow free adverts from students. There is also vivatreet, letalife, spareroom etc.

Your Uni may allow it be advertised if the accommodation meets their criteria: most Unis have a set code of practice for private LLs and specific property standards have to be reached.

poppet16_2

hi thanks for the replies just an update,we are still in the same situation only the locks on the front door were changed 10 days ago and although we have e mailed left voice mails and phoned we still havent got a set.
Also we have been told the other girl has moved into my daughters room.I was hoping someone would advise on where we stand inthis situation ? many thanks

Mankysteve

You need to read the contract but no she wont just have a get out free card even in this case. As others have said what does the contract say?

Forget about trying to get them evicted for their behaviour it wont happen as it takes ages to get evicted though the courts.

If they've moved a third person in you need to let the LL know as well. I hope your daughter name not down on any of the bills? If so cancel them straight away.

Your daughter will be jointly liable for the damage but may be able to claim back it back off her house mate though small claims.

Also speak to the uni about harassment and any possible illegal behaviour there is something in the stuff i signed fir uni that doing anything that may bring the uni into disrepute is reason to kick you out.

Speaking to the uni housing department would be good idea they'll have experience in this kinda thing.