student tenancy agreement issue

edalsmum

Thanks - that has crossed my mind! And although I'm aware he's signed a contract, I'm also aware that LL's should show some responsibility to young student tenants and not allow them to sign without a full explanation of possible outcomes.
I suppose all we can do is continue to advertise like mad and if no luck see what happens on the 1st July...

princeofpounds

I'd hope a judge would be sympathetic actually, as it would be clear from the 3 tenants and 6 rooms that the landlord has been deceptive in their conduct (by signing the contract themselves without waiting for the other three).

Whether that would help them avoid liability is one question (there may be legal arguments to this end I think, but they would be a bit esoteric) but even if not the award to the LL may well be something like 5 quid a week until it's paid off, which of course would take years.

Judges don't tend to like people who take advantage and they do have some discretion.

princeofpounds

One more thought; has any money changed hands yet?

dimbo61

try putting an advert on easyroomate and spareroom, University notice board.
Consider an advert on gumtree in september.
Do they get half rent during the summer ?
lots and lots of student do not bother looking for digs untill september so I am sure the property will be filled then IF the location is close to the uni and it is not too expensive. Is there a shortage of student accommodation in Southampton
It will cost the LL money to take the 3 students to court and this does not fill his/her property or cover the mortgage/loan.
Not much point if they get £5 per week/month from a poor broke student!
A good LL would have emailed the AST and guarantor forms to tenants and they could then forward onto Mum and Dad to inspect.
In Manchester there is an Office called Manchester Student Homes where students can look for a place to live with Landlord accreditation and a good standard of student rentals

edalsmum

Thanks dimbo61 for the useful links - they do not get half rent through the summer. This property is advertised on an accredited site linked to the 2 unis in the area, and one of the unis is not happy with the way the students have been treated by the LL, but I don't know if they will do anything, especially not until he takes action of some sort. Incidentally, it's not the uni my son attends!
princeofpounds - no money has exchanged hands between my son and the landlord. The agreement asks for a set deposit from every person who signed, but only one girl paid - the others weren't really expecting to sign that day as only 3 of them were there - they just went to look over the contract but the LL 'let' them sign and said it was ok as the others were coming the next day. So he only has one deposit and no guarantor forms.

RockPaperScissors

Just curious (I am no expert but would like to know from someone who is) if the third original girl has now dropped out and paid/signed for another property - but her signature is still on their agreement - isn't she still liable to pay?

DRP

There's lots of good advice in the above posts.

After reading the thread, if i were in the OP's situation, I would be very tempted to take a risk and tell the LL to sling his hook.

He clearly took advantage of the 3 signatories (imo) and the LL has had since February to sort the situation out (ie find new tenants).

Call the 1 deposit payment his 'admin fee' and move on.

princeofpounds

if the third original girl has now dropped out and paid/signed for another property - but her signature is still on their agreement - isn't she still liable to pay?

Yes, I think when the OP talked about her not being much use, she meant in terms of helping to solve the situation, not escaping liability.

Shame some money had crossed hands. I wondered if there was a chance it was still not a valid contract due to a lack of consideration (legal term meaning transaction of some value). But I'm a bit hazy on specifically how that works with tenancies.

edalsmum

Thank you to everyone for help - this was my first post and there has been lots of useful advice.
I don't feel so desperate now - I'm sure my son will be able to find accommodation in Aug/Sep and we can face anything that is thrown at us!

DaftyDuck

I rent out properties through a University Accommodation Service, and they take a very, very dim view of manipulative landlords - but its one of the old universities, where the college and university clout in the town is enough to send you spinning if you upset them. It's run mainly by elderly wives of ancient dons, and they put the fear of jeebus in me when I drop paperwork off - and they are so sweet, and polite as pie, and know everything about everybody and everything - that's what's so scary. (One was there when I was a student, and I'm not that far off retirement!)

I am no legal expert, and don't usually comment on the legal threads - especially as there are one or two posters who really know their onions in that respect ... and they have posted.

I would suggest that your son was mislead at the time of signing the contract - the LL appears to have said the other 3 were willing and able to sign - and would, and your son signed on those grounds, and yet it appears they were not and did not. Any mileage in that avenue, Ones Who Know The Law?

The properties I rent are rented to a College, and that then rents them out to students, but I believe the students (usually five in my case) all sign the same contract together, not individually. All have to sign before the "jointly and severally" clause kicks in. Now, I know there's some mileage in that, because a few years back a property of mine was rented out to some "really really rich chap, yah" who wanted it for two people, with him paying 4/5ths (or something), and it took ages to work out how to get round the signing. (Again, I'm sure my razor legal knowledge shines through here )

I would have thought the LL would be aware that he's unlikely to actually get his money if he pursues your son and the others, and his best avenue is to re-advertise the whole house. He needs to do this promptly. It's therefore to his advantage to accept some kind of withdrawal from the contract.

Sorry your son is having a hard time of it. As a Uni Landlord, he has my sympathy. Mind you, I'm so nice to my horde, my student occupiers bake me pies and cakes! :rotfl: Again, I'm no expert, but I doubt the LL would take this as far as court... he'd have to prove he'd tried to mitigate his losses (correct, OWKTL??? not sure), and the easiest way is to readvertise. He'd be aware he'd likely not get money for years to come, blacken his copybook with the Uni, and possibly lose anyway.

Hope this resolves itself with least worry for student son