Contract for someone taking over my tenancy for paying in april?

davey2100

Hi, I live in a student residence but I am moving out next week and some other student is taking over, however...

The rent is paid by term and is very top heavy (1700 in September, 1800 in January then 700 in april) and normally for someone to take over a contract they would need to pay the current tenant back the rent they have already paid (in this case it would be 1200)

But the person taking over the room cannot afford to pay until their student loan in April and I have agreed to sign over my current rent balance to him and to let him pay me in April while also giving him a 200 discount, so he would owe me 1000.

Is it worth doing a contract for this? I have been reading about small claims courts and I would have a lot of proof in my favour if he was to refuse paying me.

Also what about a witness? I could ask the letting agent in the residence to be a witness if it would help at all.

Any advice would be great. I know it's risky but I wouldn't of found anyone else to take over the contract.

BrassicWoman

If they are so strecthed they are living loan pament to loan payment then basically, you are not going to see this money again.

Stay put, or chalk it up as a loss now.

davey2100

I really need to move out anyway so saving the 700 from the April payment is already great, but would a contract hold any weight in a small claims court?

He has agreed to sign a contract and has given me his home address so that is a good sign.

Clive_Woody

BrassicWoman wrote: »

If they are so strecthed they are living loan pament to loan payment then basically, you are not going to see this money again.

I am not sure that there are many students out there with a surplus each month that they can save or invest......unless I was doing it very wrong in my student days.

Clive_Woody

davey2100 wrote: »

I really need to move out anyway so saving the 700 from the April payment is already great, but would a contract hold any weight in a small claims court?

He has agreed to sign a contract and has given me his home address so that is a good sign.

It's better than nothing but if he/she gets their student loan in April and decides not to pay you then you may be in for a long battle trying to get any cash and even then you may find yourself chasing someone with no money in the bank.

Gaz83

Yep, as above.

It may hold some weight in law, but if you were to take him to court and he didn't have any assets to pay you with, the court can't do anything to get money out of him - you can't get blood out of a stone.

Clive_Woody

Just another thought. How big are student loans these days (it's been a few years since I was a student)?

From your original post this new person will need to pay £700 rent in April plus owe you £1000 plus presumably have some money left to live on. Will his/her loan cover that much?

thebritishbloke

You could talk to your university about them charging him the extra £1000 and passing it on to you as part of the contract for him taking over your tenancy.