Student Rent

ADavid27

Hi, looking for advice on behalf of my daughter.

She is in her 2nd year at uni and, together with 3 other girls, is renting a house. All the girls have signed tenancy agreements, and (as far as I am aware), all had to provide guarantors.

Sadly, one of the girls has caused a lot of upset, and (claiming the other girls have bullied her) has decided she wants to leave the house. Cutting a long story short, they girls had a meeting with a fairly high ranking official at the university who has advised the three girls who will be remaining to contact the landlord to ask him to reduce the rent, and the three of them then take over the 4th girl's rent between them.

My daughter stated that she felt that wasn't correct, and that she wouldn't be able to afford any extra rent payments, and was told she would be able to apply for a "hardship loan".

To my mind, that advice they have been given is wrong, and is telling the girl who is at the very centre of the problems, that she doesn't have any obligations with regards the rent.

Can anyone out there offer any advice?

anselld

Have they all signed a single contract (joint and several liability), or have they each signed an individual room contract?

If the latter then it is an issue between the L and the girl leaving.

If the former then the remaining three are liable but so is the one leaving. It may be that the L decides to pursue the one leaving and/or her guarantor for the remaining rent. Or they may pursue the easy target, the remaining three.

I would suggest your daughter and the remaining three do not make any offers at this stage to pay the fourth rent. They should impress on the one leaving that they cannot just walk away from their financial liability.

ADavid27

Thanks anselld - it is a single contract- and your answer is how I see it.

Fortunately she has spoken to the landlord, and he has been very helpful and supportive and said that pursuing the remainng three would be his last course of action. Can't say the uni official was at all helpful!!

Guest101

The uni 'official' has no relationship with any party. Or qualified in any way in housing law by the sounds of it.

libf

The girl leaving should advertise the room as available and then the girls who will be living there should interview suitable candidates and select one to move in in the first girls place.

ADavid27

Thanks Guest101 - I have a feeling that a complaint is going to be made regarding the "advice" of the uni official!

ADavid27

libf - yep, totally agree!!!

G_M

Putting aside for a moment the strict legal position, it appears the official was attempting a compromise

ADavid27 wrote: »

.....a fairly high ranking official at the university who has advised the three girls who will be remaining to contact the landlord to ask him to reduce the rent, and the three of them then take over the 4th girl's rent between them.

The LL is under no legal obligation to reduce the rent, and, as has been pointed out, can pursue any or all of the 4 of them for the full rent.

If the LL is willing to reduce the overall rent (eg by 1/8th - being half of the 4th girl's share), then it becomes easier for the remaining 3 to cover the full (newly reduced) rent. It's win/win:

* the 4th girl gets to leave a houseshare which is clearly unhappy and not working
* the LL gets slightly less rent, but does not have go chasing either an absent tenant, or disgruntled remaining tenants
* the remaining 3 tenants get a happier houseshare, more space (extra bedroom for guests?), and a modest increase in rent, instead of having possibly to foot the entire share of the 4th girl

The alternative is to leave the rent as it is and have the LL chase .... whoever he ends up chasing. And possibly rent arrears building up, resulting in..........

[Deleted User]

Good practical advice but we are dealing with young adults, who have justice on their minds. I can't see them thinking of a compromise. And well, they are right. Whatever has happened between the tenants, the fourth tenant is stil responsible to pay her rent or find a replacement.

Or can the tenants still in situ find a replacement? Hopefully there is someone out there that needs a rented room.

19lottie82

The girls need to try and find a replacement for the spare room. Failing this I'm afraid, as they signed a single contract, the uni officers advice is partially correct, she is still legally responsible for her share of the rent, however if she does walk away the remaining tenants will be responsible for the whole rent of the property, however they may take the original 4 the tenant to the small claims court to attempt to recoup her share of the rent.

Dird

ADavid27 wrote: »

Thanks Guest101 - I have a feeling that a complaint is going to be made regarding the "advice" of the uni official!

I don't see why you/your daughter would be complaining to the uni official, did he claim to be a property expert? Someone who wasn't may throw out a shot in the dark of "see if your LL might reduce the rent for the 3 of you to cover"...I don't see why the guy should be reprimanded for trying to help with no harm caused, way to !!!! on his Christmas