Ending a rental agreement

jules06

Hi
Was wondering if you good folk had any advice.
I currently have a 19 year old at University, in 2nd year, At the moment is in private rented accommodation. We are the guarantors

She has signed a contract for next year in the same place but due to some severe mental health issues it is very unlikely that she will be attending uni ( tried to commit suicide that sort of thing) has been on antidepressants for over a year,

She will not be in the same room she in now, and her contract for this year ends in July.
Can we end this new contract before it begins? the 14 day cooling off period had passed.

Would appreciate any help.

With the kindest of regards

J

.

Guest101

Yes, but you will be liable for the losses incurred as a result of the breach of contract.

jules06

Thank you, would that be the deposit ?

Guest101

jules06 wrote: »

Thank you, would that be the deposit ?

Not necessarily.


It's whatever there losses are as a result of the breach of contract.


Typically that could be advertising costs, referencing costs etc.


these costs must be minimised, but they will exist.

agrinnall

I think Guest is looking at a probable best case scenario, the LL is under no obligation to look for a new tenant and as guarantor you are responsible for the rent until the end of the tenancy. Hopefully the LL won't do that, but you might want to take the initiative and enter into a discussion with them about what you can do to help find someone else, even if that's just agreeing to pay the type of costs that Guest has listed.

Guest101

agrinnall wrote: »

I think Guest is looking at a probable best case scenario, the LL is under no obligation to look for a new tenant and as guarantor you are responsible for the rent until the end of the tenancy. Hopefully the LL won't do that, but you might want to take the initiative and enter into a discussion with them about what you can do to help find someone else, even if that's just agreeing to pay the type of costs that Guest has listed.

Think there's some confusion, this is for a future tenancy, which is yet to begin.


The current tenancy is as you've described though, incase I've got the wrong end of the stick.

jules06

We signed as guarantor for this academic year but not for next. As far as our understanding went her contract ended in July, she has signed up for next year but we have had noting in writing to us stating that we continue to be guarantors

The accommodation is a shared building with about 30+ flats, it is affiliated to the Uni.

Is there any chance we have any scope of a "get out clause" under the mental health act ?

Guest101

jules06 wrote: »

We signed as guarantor for this academic year but not for next. As far as our understanding went her contract ended in July, she has signed up for next year but we have had noting in writing to us stating that we continue to be guarantors

The accommodation is a shared building with about 30+ flats, it is affiliated to the Uni.

Is there any chance we have any scope of a "get out clause" under the mental health act ?

Not unless your daughter is incapable of making decisions for herself.

nkkingston

Has she signed a tenancy agreement for the next period? If not, she can just hand in her notice. If she has, she's liable for rent for the period of the agreement regardless of whether she lives there or not. Most places that deal with students are used to a certain amount of chopping and changing, and usually have clauses that allow you out of the agreement if you find someone to replace you (of if they find someone to replace you, but then you're subject to all the advertising etc charges).

Does she share her flat with anyone else? If you aren't guarantors, then her housemates will probably be liable for her share of the rent.

jules06

Well that sadly is a question of debate !

At the time she was heavily medicated. Was not really functioning on any "normal" level

Guest101

nkkingston wrote: »

Though the period hasn't started, the tenancy agreement has been signed, so you're liable for rent as agreed. - Rubbish. Student lets often have people swapping and changing, so the letting agency probably won't be surprised by your request , but it's up to your daughter / her housemates to find someone to take on the tenancy. - rubbish. Until they do, you (and/or the housemates) are liable to pay for it. - rubbish. If the room is left in a reasonable condition, your daughter should get her deposit back.

Rent is payable on a TENANCY, not a contract.


The tenancy hasn't started yet.