HELP please with student rent agreement

Garethc

hi, need some help please. My daughter has signed a rental agreement with 4 other girls going into their second year at uni. She signed it last january 2016 and paid £150 deposit. My daughter has now decided that she cannot spend another year with these girls as she suffers with social anxiety and some of them have been really nasty towards her. She has told the landlady this and even though its six months (september 2016) before she moves in the landlady has said its up to my daughter to find a replacement student for the house. There is nothing in the rental agreement i can see about the £150 deposit and i could do with some advice before i ring the landlady tomorrow to ask for the deposit. many thanks in advance if anyone can help.Garethc

bobbymotors

1.The landlady is correct
2. You won't see the £150
3. It doesn't need to be protected until the tenancy starts
4. If its a joint and several type agreement if you dont find a tenant and dont pay the rent then the other 3 will be liable for your daughters share
5. If you have stood as a guarantor (as long as its a proper agreement)then you'll likely be asked to pay instead if your daughter doesn't
6.Don't sign things if you don't want to agree to what you're signing.
7. spare room dot com usually works soget an adin there NOW...although most students are sorted by now, you may well find someone in September if not before they break up at the end of June. July and August is dead for student rentals

dancingfairy

Basically she's signed a contract and now wants/ needs to get out of it. She wouldn't be happy if a landlord renegrd on their agreement.
She really needs to have a conversation with the others, say something like she's happy as friends/ coursemates whatever but has had second thoughts about moving in and doesn't think it would work out. They may have a friend who they want to move in with them? You could then see if you can get the tenancy cancelled and s new one issued.
The landlord probably doesn't care about uni dramas and people falling out and just wants their rent. A good landlord might be prepared to a new contract with a replacement tenant rather than trying to chase someone who's not there/ not interested anymore.
Df

G_M

Very similar thread here:

https://forums.moneysavingexpert.com/discussion/5369031

edit: sorry - just realised the tenancy has not started, so it's a different scenario.

Assuming:

a) this is England/Wales and
b) the 4 girls signed a 'joint & several tenancy' (not 4 seperate tenancies)
then

c) if the other 4 girls move in in Sept, but daughter does not, the tenancy will commence as planned.
d) the full rent will be due, and EACH of the 5 named joint tenants will be equally liable for the FULL rent
e) assuming your daughter does not pay her 'share' (because she's not there), the LL can demand the arrears either
i) from her (though she'll be hard to find!?), or
ii) from the 4 girls who ARE there
iii) or both the above

So actually it is very much in the other 4 girls' interests that they find a new 5th housemate.....

Do they know your daughter has changed her mind?

As for the £150 deposit, that's gone, but let's face it, it's a small price to pay, and it is, after all, exactly what the £150 was for.

Guest101

i thought deposits were meant to be protected within 30 days of reiceipt?

G_M

Guest101 wrote: »

i thought deposits were meant to be protected within 30 days of reiceipt?

I suspect this is a holding deposit, not a security deposit. In which case it does not need potecting at all.

Garethc

hi, thanks for your help. I appreciate your response and my daughter suffers with mental illness so "don't sign things if you don't want to agree to what you're signing" doesn't really help! Its not something you can switch on and off. I am aware of when students book accommodation and when its quiet but thank you for the info AND the landlord needs to issue a written statement explaining where the deposit is protected within 30 days.

Garethc

thank you all for your responses. Its a bit more complicated than my daughter changing her mind. She has been abused by 2 of the other 4 girls since signing so obviously does not want to live with them. The contract says if the landlord takes a deposit the landlord must within 30 days from the date of payment give the tenant and any person who has paid the deposit on the persons behalf, certain written information about how the deposit is protected. My daughter received this 2 days ago and signed and paid on the 5th feb (originally thought it was January). it is a joint tenancy agreement.

Garethc

I'm not bothered about the £150 after all that's what its for. The other 4 don't know because she has to live with them in their accommodation at the moment until may 2nd. Shes scared to tell them due to the abuse and anxiety its causing her but doesn't want to flunk out of her first year at uni.

ViolaLass

Garethc wrote: »

thank you all for your responses. Its a bit more complicated than my daughter changing her mind. She has been abused by 2 of the other 4 girls since signing so obviously does not want to live with them. The contract says if the landlord takes a deposit the landlord must within 30 days from the date of payment give the tenant and any person who has paid the deposit on the persons behalf, certain written information about how the deposit is protected. My daughter received this 2 days ago and signed and paid on the 5th feb (originally thought it was January). it is a joint tenancy agreement.

If it was a holding deposit then they don't have to protect it.

If it's not, then yes, it must be protected within 30 days BUT the maximum penalty is three times the deposit, which is not that much in this case, and doesn't get your daughter out of the contract.

bobbymotors

Garethc wrote: »

hi, thanks for your help. I appreciate your response and my daughter suffers with mental illness so "don't sign things if you don't want to agree to what you're signing" doesn't really help! Its not something you can switch on and off. I am aware of when students book accommodation and when its quiet but thank you for the info AND the landlord needs to issue a written statement explaining where the deposit is protected within 30 days.

AND the landlord needs to issue a written statement explaining where the deposit is protected within 30 days.


No the landlord doesn't have to do this. Not until she / they become tenants. Which will be in September you stated? So she / they are not tenants until the agreement says they are.