HMO and AST

princeofpounds

It's been hinted at previously, but my interpretation is that even though a guarantor is responsible only for one tenant, that tenant could be responsible for the whole rent thanks to the joint and several liability they have.

As for the repairs, if the EHO avenue doesn't work I would suggest googling Lee Parker vs Izzet 1971. Tenants are allowed to make repairs and deduct from future rent, as long as they follow a strict procedure (this does not cover cosmetic work, only genunie repairs). Be prepared to defend that course of action at arbitration or court if necessary, but you should be able to resolve the worst problems in that manner.

Yorkie1

I'd be very surprised if a 2-year tenancy agreement didn't contain a break clause somewhere. Have you definitely checked for one?

G_M

clutton wrote: »

BT - Foisted/hoisted... well.. i'll go to the foot of our stairs.... i never knew that !!!

http://www.answers.com/topic/petard

G_M

Always assuming the Guarantor Agreement was Executed as a Deed (they often are not), it sounds legally ambiguous.

the 4 guarantors are guaranteeing 'only the person to whom they are indicated'

yet

The lease agreement has 4 named tenants with 'joint and several liability'

So if each tenant is j&s liable, so is each guarantor.

Whether the guarantor agreements are or are not valid/water-tight would not in any way affect the validity or interpretation of the tenancy agreement. Since there are less than 5 households, and 3 stories, my understanding is that this HMO does not require to be licenced, hence EH being less than interested.

the Lease also shows a breakdown of the rent 'per person'.

This holds out the best hope of separating the tenancy into 4. Depends on the precise wording as it sounds like the tenancy contradicts itself.

Break clause? Check!

Tenant arranged repairs? follow Shelter guidlines here.