Please delete posted in another part of the forum

an1179

5 bedroom house
5 students with 5 guarantors
Lease signed January 2012 lease from 2 September 2012 to 31 August 2013
Joint and several short-hold tenancy agreement

One student had difficulty getting grant and so did not take up residency. Room was advertised but no takers.

Letting agents informed other tenants and guarantors in February 2013 there was a problem.

We are aware of what joint and several means - although we were not supplied with a copy of lease by Letting agents when they sent guarantor forms and thought that we were only guarantor to our daughter.

All the other tenants are up-to-date with their rent

All ten parties have now had letter from Letting agents giving 7 days to settle outstanding amount in excess of £2500 or small claims action will be taken. The have included a daily charge for rent from the period June to end of august.

We have got legal protection with our household insurer Aviva and they specifically exclude representation for this type of problem

They have told us that we need to make a part 20 counter claim but that is all the advice they are willing to give.

Presumably we (4 tenants and 4 guarantors) have to do a joint small claims action against the other tenant and guarantor. Could really do without the stress of this as all sorts going on at the moment.

I cannot see that a solicitor would charge a reasonable fee to sort this out

Lokolo

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

Better to post there.

But I assume you meant the letting agent didn't inform the residents until 2012 (rather than 2013).

As for the law I am not sure whether the letting agent is in the right, they can't just "sue" they have to go through the proper procedure.

I am also unsure what you mean by

The have included a daily charge for rent from the period June to end of august.

Do you mean they have charged a fine in addition to the 1/5 of rent owed?

And how is the £2500 made up? Is it just rent arrears or a number plucked out of nowhere?

devildog

I agree that you would be better off posting in the above mentioned forum.
I would assume that you would have to pay your 'fraction' of the balance and then go after(small claims) the student and their guarantor who did not take up residency and/or any of the other guarantors if they chose not to pay.

I don't think you have a leg to stand on re not having been sent a copy of the lease-it is something you should insist on before signing as a guarantor.