Assured Shorthold Tenancy - adding tenant = rent increase?

Florrie_Fimble

Hi

My daughter currently has an AST with approx 8 months to run that was for a two bedroom property she leased at £60 a week per room. She is now living with a friend who they want to add to the lease agreement as I obviously do not wish to be the guarantor for them.

After asking to have the friend added, the landlord has come back and said they want to increase the rent to £65 a week per room - so an increase of £40 per month. Is this unavoidable? Does my daughter have any options and should the landlord also look to modify my guarantor agreement with me.

This is obviously quite annoying/disheartening.

pmlindyloo

Florrie_Fimble wrote: »

Hi

My daughter currently has an AST with approx 8 months to run that was for a two bedroom property she leased at £60 a week per room. She is now living with a friend who they want to add to the lease agreement as I obviously do not wish to be the guarantor for them.

After asking to have the friend added, the landlord has come back and said they want to increase the rent to £65 a week per room - so an increase of £40 per month. Is this unavoidable? Does my daughter have any options and should the landlord also look to modify my guarantor agreement with me.

This is obviously quite annoying/disheartening.

Can you please clarify what the rent is as detailed on your daughter's contract? £60 per room is an unusual expression. Has she been paying £120 per week for the two bed flat?

Is the landlord going to create a new tenancy agreement or extend the current one and just add the friend as a joint tenant?

Florrie_Fimble

All the student accommodation seems to be listed per week - probably to ease comparisons. It was listed at £60 per week per room.

On the contract it states £520 every calendar month for a total of 52 weeks (£6240 or the stated £60 x 2 rooms x 52 weeks).

They have just asked for the friend to be added to the remainder of the tenancy. Originally her friend was paying me half the rent but I insisted that they be added to the tenancy formally and the other parents also become guarantors. I'm extremely fond of this young person whom we've known for 6 years now, but I've no desire to bank my own money on their levels of tidiness/clumsiness/financial worthiness.

pmlindyloo

This is a bit complicated.

You need to know whether the landlord is amending the current tenancy agreement in which case, as far as I know, the original fixed term tenancy continues and therefore a rent increase cannot be made without the tenant's agreement or if it is in the contract.

http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/private_tenancies

Or, a new tenancy is created in which case the new tenancy agreement can specify a new rent.

As regards the guarantor side of things this is equally tricky. (sorry). Many of them are not enforceable as they are often set up incorrectly.

If your daughter's tenancy is amended then I believe that your guarantor status still stands. As joint tenants they are both liable for the rent so if one defaults they will chase the other. If a new tenancy is created then I am not sure whether your guarantor status continues.

Sorry I'm not being much help but maybe what I've said will give you a better understanding of the problems!

personally I would telephone Shelter and ask their advice.

You will need to know whether it is an amended tenancy or a new tenancy.

Florrie_Fimble

Thanks - I'll advise her to try Shelter later on today. Of course I don't mind being her guarantor, I just didn't want to be the only one if the friend damages their room. Jointly liable is better than solely.

I've already had one agency try and roll over my agreement for a year's guarantee to a whole new tenancy and different property without asking me to re-sign paperwork, telling me that they could apply it to "any situation" rather than the property explicitly listed on the document I signed.