University student - guarantor being asked to pay other students rent debts

teacherblue

My Son paid his rent in full and kept his room tidy leaving house before other 3 lads. He paid his rent every month.

On asking about his deposit being returned he has been informed by the estate agent that the deposit will be kept and they will be billing him for a appox £1200 as two of the students have failed to pay their rent for some months. The other lads also failed to tidy their rooms, kitchen and bathroom when leaving and so they and a bill will be added for the cleaning of the property.

I am the guarantor for my son. I was told when I signed that the estate agent would chase problems with the rent. Obviously that hasn't happened and the unpaid rent has been allowed to accumulate.

My son has told me that he spoke to both other students today and both them and their parents are refusing to pay the owed rent. The other boy and parents do not live in the UK.

Feeling sick as I do not have this money and have no idea of what I can do.

Can anyone offer advice? Obviously I know that along with the other guarantors I agreed to pay the bill but still need to know what steps I should be following especially in light of my son paying his rent and those parents obviously not giving a dam about putting me through this stress.

ruggedtoast

Check to see if the form you signed is valid, they often aren't, someone will be along to say what to look for. Something about it saying Deed at the top.

Failing that thank your lucky stars they are only coming after you for £1200. When you signed up to be a guarantor you were guaranteeing everyone at the property.

teacherblue

Many thanks for your quick reply.

I have an online letter which was signed. It is very basic consisting of two paragraphs.

I know that the £1200 will rise, although the deposit was £3000 for the 4 students. The cleaning bill is yet to be added as will administration charges.

My son is distraught at the attitude of the two boys and their parents. I have never met them so cannot comment on why they are refusing to pay. One father has told his son that the G. agreement meant that the others would have to pay and it was not his problem.

Have no idea of what actually happens either..legal course of things.

Pixie5740

There were 4 students living in the property. They had a joint tenancy meaning they all had joint and several liability for the whole rent and any damages. 3 of them left the place a tip and 2 haven't been paying anything towards the rent. Is that correct?

It sounds like a joint tenancy to me and when you guaranteed your son you were in fact guaranteeing the whole rent for the property. Did the other students also have guarantors?

If you get landed with a bill you should 1) check the deed of guarantee is valid 2) chase the little !!!!!!!s that caused the damage and arrears through the small claims court all the way to CCJ if necessary.

Your son should speak with someone at the university too. It's possible that the university could intervene if they have a code of co duct or something for the students.

ruggedtoast

They aren't in the UK so the agent will pursue the only guarantor they can find. They are under no obligation to find other guarantors anyway. They are all joint and severally liable by the sounds. Nor does the op have a case for the small claims court.

Small claims for what? The other students had no contract with her / him and owe her / him no money.

Hope that the deed isn't valid op and if not that at least the tenancy has ended with most of the rent having been paid. They could still be there, paying nothing, with the you guaranteeing their rent.

DandelionPatrol

ruggedtoast wrote: »

They aren't in the UK so the agent will pursue the only guarantor they can find. They are under no obligation to find other guarantors anyway. They are all joint and severally liable by the sounds. Nor does the op have a case for the small claims court.

Small claims for what? The other students had no contract with her / him and owe her / him no money.

Hope that the deed isn't valid op and if not that at least the tenancy has ended with most of the rent having been paid. They could still be there, paying nothing, with the you guaranteeing their rent.

Even if the guarantor coughs up, they could cough up in the name of the actual tenant. The rental agreement with Joint and Several liability is enough to give the tenant standing to sue other tenants.

Pixie5740

If the OP and/or her son is pursued for the damages and arrears then yes they can pursue the others to cover their losses including the deposit that has been lost.

Only one other boy and his parents are outside the UK, that still leaves 2 others. Besides the boy outside the UK could always come back for more studying or work in the near future.

mchale

Op, did you sight a copy of the TA before you signed the guarantor paperwork, also the guarantor paperwork should be served as a deed a bit more reading here:

http://www.landlordzone.co.uk/forums/showthread.php?24404-Signing-Deed-of-Guarantee

teacherblue

Thank you again all.
Pixie yes that is correct.
I believe all the boys had to have a guarantor.
The TA states:

“Joint and several” means that if the Tenant includes more than one person, each individual is liable for all the Tenant’s responsibilities and obligations under the Tenancy individually until all rent and other costs are paid in full and as a group the persons forming the Tenant will be jointly liable with the others until all rent and other costs are paid in full.

This is the only bit I can see which relates to this on the TA.

I am hoping the estate agent will 'go after' those that owe the rent and not us but from what you all say there seems to be little hope. My other concern is I do not have the money to pay this having been made redundant myself this year.

matttye

teacherblue wrote: »

Thank you again all.
Pixie yes that is correct.
I believe all the boys had to have a guarantor.
The TA states:

“Joint and several” means that if the Tenant includes more than one person, each individual is liable for all the Tenant’s responsibilities and obligations under the Tenancy individually until all rent and other costs are paid in full and as a group the persons forming the Tenant will be jointly liable with the others until all rent and other costs are paid in full.

This is the only bit I can see which relates to this on the TA.

I am hoping the estate agent will 'go after' those that owe the rent and not us but from what you all say there seems to be little hope. My other concern is I do not have the money to pay this having been made redundant myself this year.

The EA won't do that when they're not in the country. They'll go after the only person liable that they can find i.e. you. It might be worth explaining that you have no money as your situation has changed since you agreed to be a guarantor. They might take a common sense approach as there's no point in taking you to court if you have no money (unless they want to go down the bailiff route).

teacherblue

I am so scared. I have spent my whole life being so careful as not to get in debt. I have never had savings but have have never owed a penny. There must be something I can do to make these families responsible for their own debt?