Question about an assured shorthold tenancy agreement - can we get money back?

tbs624

G_M wrote: »

1) Of course they have. That is what a joint tenancy means. As I said: "There is no legal 'sharing out' of the rent between them." All the tenants are equally responsible for all the rent. The LL can take it, or chase it (through the courts if neccesary) from any one, or several, or all the tenants.

Clearly that is the case under a J&SL contract- however, I think the question asked by the OP

What if I was to say that the agents have been taking the extra persons rent from the other tenants since the contract started?

relates to this part:

When she found a place she signed an assured short hold tenancy agreement with the leasing agent and then paid over £800 for fees, rent, deposit etc.

My bolding.

LL should not be both retaining advance *rent* paid by the OP's friend *and* charging the other Ts the full rent for the property from the start of the tenancy.

It would of course be usual for some form of *reasonable* charge to be levied by the LL to cover the costs of the Deed of Variation/replacement AST agreement but the LL has not suffered any loss in term of rent if the others are meeting the full monthly figure in order to avoid having a "random" imposed upon them. Bear in mind that the OP's friend has apprently already paid admin fees plus a tenancy deposit as well as the initial rent.

OP - was this property obtained via the Uni accomms lists , if yes they may be signed up to a Code of Conduct. Experienced LLs are used to dealing with this scenario with student lets and should do so fairly. It is important that your friend formalises getting her name off the tenancy by agreement with both the LL and the other tenants - in a J&SL contract if one T reneges the other Ts may pursue him.her to court to cover their own losses.