Tenancy agreement

kjmtoday

Hi help advice needed please.

My Daughter who is a student signed a tenancy agreement with 3 other girls back in February 2011 for a property to rent in Sept 2011.

The other girls have moved to different Universitys now and found some other people to take over the tenancy. The letting agent said no because they had no guarantoors ( My daughter never did anyhow I refused to sign).

We contacted the Letting Co and asked for this contract to look at, they said no fax nor could they scan so we went to collect it. No deposit nor retainer was given because the girls no longer wished to rent this house.

Legally what do we need to cancel this tenancy, no money has been given and they was not explained the seriousness of this contract when they signed. All other girls are not in this area and i am sure they have let now to some other students now.

please can you advise

G_M

A contract is a legally binding agreement. However no tenancy exists as yet as the tenants have not yet taken occupation. I asume this was a 'joint and several' tenancy (rather than separate contracts for each girl), and that this is Eng/Wales.

The landlord could chase any one, or all, of the signatories for breach of contract, and make a claim for losses. If the tenancy they signed was a 12 month agreement then potentially the claim could be for 12 months rent, but it sems highly unlikely a court would award this since the LL could mitigate losses by finding a new tenant(s). The cost of advertising, agents fees, etc for doing this could, of course be claimed.

The fact that no money has changed hands puts the girls in a stronger practical position (possession is 9/10th of the law!) since it is the LL who has to take action to recover his losses, rather than the girls trying to reclaim a deposit/advance payment whatever.

Negotiation is the best approach. Speak to the landlord (or agent?) and explain, and hope he is willing to cancel the contract. Offer to pay a token amount towards his new marketing costs and for his trouble. Get any agreement you reach confirmed in writing!

If you fail to reach an amicable agreement the LL will have to take the girls to court - time and cost and trouble for him so far better for all concerned to come to a compromise.

Whilst finding alternative tenants may reduce the LL's marketing costs etc, the decision on who to let to is ultimately his. Most LLs credit vet their tenants and/or require guarantors etc, so simply finding alternative prospective tenants does not automatically solve the problem.

kjmtoday

many thanks for your prompt reply.

yes they all live in UK and they was all in the office when signing. They are all 18/19 years old and I know that they are old enough to sign etc but surley this situation must be happening al the time with Students changing courses or failing exams etc then not proceeding.

This partiular letting company are simply not compromising and they have breached the law by not accepting the new tenants that the other girls gave them. The contract is very thin and I am sure it has many flaws in it.

Thanks again

jjlandlord

kjmtoday wrote: »

they have breached the law by not accepting the new tenants that the other girls gave them.

No, they have not. The landlord is free to choose his tenants.

G_M

kjmtoday wrote: »

many thanks for your prompt reply.

yes they all live in UK and they was all in the office when signing. They are all 18/19 years old and I know that they are old enough to sign etc but surley this situation must be happening al the time with Students changing courses or failing exams etc then not proceeding.

This partiular letting company are simply not compromising and they have breached the law by not accepting the new tenants that the other girls gave them. The contract is very thin and I am sure it has many flaws in it.

Thanks again

I did not ask if they live in the UK. I asked if the property is in Eng/Wales. The law is different in Scotland.

What law do you think they have breached.....?

The thickness of the contract is irrelevant. Some are 1 page, some are 20 pages. To be honest, it is usually the 20 page contracts that have 'many flaws'! And the flaws are only relevant if they apply to the cancelling of the contract, or are grounds for 'frustration' (unlikely).

Since it is you (or rather the girls) want a favour (ie to get out of a legally binding contract) have you, as I suggested, tried
a) talking to the landlord and
b) offering to compromise ie by covering his costs?

kjmtoday

Sorry yes the property is in the UK.

The letting agents stipulated that if they no longer wish to go ahead then they have to find other students to take it on which they did.

Not clued on any of this and surely if a person is not working then I would have expected the agent to want the tennant to obtain guarantor.

I could get the contract looked at by a solicitor?

kjmtoday

Yes we have spoke to the Letting agent and they are just threatening and saying if you dont pay then taking court. The other girls have visited the agent and been to see Citizens Advice bureau they had to pay £5 each to see the contracts. They are Letting agents not the landlord whom are asking for money. They have written cancellation back in April to the agents also..

RAS

kjmtoday wrote: »

Sorry yes the property is in the UK.

I am guessing that you are outside the UK, since you do not appear to understand that the law in Scotland is different to the law in England and Wales?

Which town or city is the property in?

This matters, a lot.

G_M

kjmtoday wrote: »

Sorry yes the property is in the UK. I did not ask if they live in the UK. I asked if the property is in Eng/Wales.

The letting agents stipulated that if they no longer wish to go ahead then they have to find other students to take it on which they did.The prospective tenants still have to be 'acceptable'.

Not clued on any of this and surely if a person is not working then I would have expected the agent to want the tennant to obtain guarantor.That is up to the LL and his letting criteria

I could get the contract looked at by a solicitor?Yes, you could. But you'll be throwing good money away[/QUOTE]

The bottom line is that they SIGNED A LEGALLY BINDING CONTRACT.

Since it is you (or rather the girls) who want a favour (ie to get out of a legally binding contract) have you, as I suggested, tried
a) talking to the landlord and
b) offering to compromise ie by covering his costs?

If you are detrmined to ignore advice, and to maintain that the 'agent', or the 'contract' is at fault, rather than the girls, then my advice is to do nothing, wait to see if you actually get taken to court, and THEN decide if and how to defend the court action.

kjmtoday

Yes we have alreaded established that earlier and i know the laws are different in Scotland. No i am not outside the Uk and the property is in the UK...

deary65

The agents are trying it on. The landlord could sustain an action for loss of bargain-difficult to quantify. Tell them that any money if agreed- will be made out to the landlord. That should make them think again and co-operate!