Student Joint Tenancy Problems

maria90uk_2

I've worked out how to post a new thread now. Thanks for all your help everyone

bristol_pilot

I'm glad that you are not paying £1196 per month each as I had feared!

WhiteHorse

bristol_pilot wrote: »

Now, in the worst case scenario, all but one students move out owing rent then the last remaining one is liable for the whole rent. If their parents have signed a guarantee then...oh dear.

Yes, seen this happen.

A friends daughter conned her mother into signing as guarantor. One by one all the deadbeat friends in the house skipped out, leaving only the daughter. Finally she did a runner too, dropping her own mother right in it. The mother nearly had a breakdown when she realised her liability and the sum involved. Fortunately, the agent managed to relet quickly and so didn't pursue the matter.

moneysaver84_3

moromir wrote: »

They weren't necessarily. It entirely depends on the wording of your agreement (ie did you rent a room and share communal facilities with the others or the whole house jointly and severally with others) and the wording of the guarantor's agreement.

We rented the whole house jointly so probably liable for everyone! Anyway graduated 4 years ago and no longer living there

Hump

Stating the obvious but assuming all 8 signed the tenancy which position did your daughter sign at? Only the first 4* will be joint tenants, the other 4 won't be (they may be equitable tenants), which might invalidate some of demands being made by the agent, the relationships between the tenants but probably not the ultimate liabilities.

*s34(2) Law of Property Act 1925

mealeys

Caroline_a wrote: »

Did the absconder not provide a parent guarantee? If so, could you not chase them for the missing 4 months?

No the absconders parent didn't sign, I've only found that out recently - I'm annoyed that the agents didn't secure this early on

mealeys

BitterAndTwisted wrote: »

Surely, if all of the other students had parent-guarantors as well it wouldn't be that difficult to extract the missing monies from them rather than the student. Why wouldn't the agents be chasing the parents for the four month's rent? Would it be purely because it's too much aggro?

Because the absconders parents didn't sign the guarantor form!

tbs624

So, what are your son and his housemates actually doing about (a) getting a replacement T in place asap and (b) tracking down a forwarding address for the absconder?

If necessary, perhaps the current house sharers could look at say offering to pay an additional 5 quid each per month to bring down the montlhly rent figure for a replacement T? Yes, they shouldn't have to but if such an offer actually entices someone new in, it's surely better than being obliged to continue to cover the full rent for the duration of the tenancy.

Have you contacted the other parent guarantors to discuss what they see as a satisfactory way forward?

mealeys

tbs624 wrote: »

So, what are your son and his housemates actually doing about (a) getting a replacement T in place asap and (b) tracking down a forwarding address for the absconder?

If necessary, perhaps the current house sharers could look at say offering to pay an additional 5 quid each per month to bring down the montlhly rent figure for a replacement T? Yes, they shouldn't have to but if such an offer actually entices someone new in, it's surely better than being obliged to continue to cover the full rent for the duration of the tenancy.

Have you contacted the other parent guarantors to discuss what they see as a satisfactory way forward?

Thanks for your reply - no luck with obtaining a new tenant as its rather late in the student year now and we only just found out he wasn't paying rent as he promised.

Will have to contact the other guarantors as you have suggested. Thanks for everyones replies, really apreciate time taken.