tenancy agreement. ..where do I stand? ?

[Deleted User]

my daughter is at uni.she rented a private house share- with me as her guarantor- with 2 other girls and a joint tencancy agreement for 12months.
4 months ago she had trouble with her flatmates, bullying which made her very stressed and unwell. I felt I had no option for the sake of her wellbeing to take her out of that environment. I ended up having to rent her some where else in the area(cost of £450 a month). I appreciated I was under a contract to pay the rent. the agreement stated £400 a month. I also hadto pay £60 for bills. I contacted the estate agent to let them know she wasn't living there any more. I told them I wouldn't be paying the £60 for bills as it wasn't in the agreement and seemed unfair. They accepted that as they couldn't really argue it. the estate agent assured me he would advertise her room.a month later he said he still had no interest in it. I asked him to please advertise it for alot less as obviously I felt any money less for me to pay out would be preferable. i alsi offered to cover admin costs.He assured me he had.
I then Googled to find the advert. sure enough it was on the website but under the year of 2012- therefore obviously the reason no one showed interest. I had no response when I tried to make contact!
the manager has now contacted me wondering why I haven't paid the rent for 2 months. I feel angry with the situation and feel that he didn't do as promised.
do I have any rights regarding this?
what is the landlord likely to do as I appreciate he used a letting agent to save himself hassle and he just wants his money at the end of the day?
PLEASE ADVISE ME

juniordoc

I suggest you start looking for a replacement tenant yourself. The estate agent and landlord have no obligation here. It is your daughter and by extension you, that are contractually obliged to pay the rent until such time as a mutually agreed alternative is arranged.

[Deleted User]

the tenancy will expire end of july so no chance now. I did initially consider that but thought as it was a joint tenancy agreement, and also I didn't want to go back to the property again, I thought best for the estate agent to do it.

FBaby

Unfortunately, agreeing to advertise was not something he had to do or owe you to do. What would be a promise to you would be an endeavour from their perspective, nothing more.

The moment you signed the contact, you agreed to be responsible for the payments until the end of the contract to the Landlord, regardless of the situation (out of the control of the LL). The issues your DD faced is not his problem.

You made a decision that you felt was the better of two evils, but that decision came with the acceptance that you might have to pay two amounts of rent.

dimbo61

Which university is your daughter at ?
Do they have a housing office ? Housing officer ?
You should have checked that the letting agents had posted an advert.

[Deleted User]

it was private rented accomodation and not through the uni.
its coming towards the 3rd months payment being due. what action will likely be taken if I don't pay?

Pixie5740

The landlord can pursue one, some or all of the joint tenants for the arrears, through the courts if necessary. If the tenants don't pay the arrears then the landlord could have CCJs awarded against the tenant(s). It's pretty much the same consequences as failing to pay any other bill.

00ec25

DeledtedUser wrote: »

what action will likely be taken if I don't pay?

there appear to be are 6 parties to the tenancy agreement: 3 tenants and 3 guarantors

the LL can chase any one of them or all of them for payment since all (appear) are jointly liable. If payment is not forthcoming the LL can take legal action and get a CCJ against any one of the 6 (or all of them if he does a join action)

failure to pay a CCJ will wreck the (future) credit position of the person in whose name it is and if the LL seeks to enforce the CCJ could result in a knock on the door from bailiffs wanting payment or goods to the value of....

in the extreme case if one of the other parties "cracks" and pays up they could launch an individual action against your daughter and/or you as the one ultimately responsible for the debt.

G_M

Pixie5740 wrote: »

The landlord can pursue one, some or all of the joint tenants, and/or one, some or all their guarantors, for the arrears, through the courts if necessary. If the tenants and/or guarantors don't pay the arrears then the landlord could have CCJs awarded against the tenant(s)or guarantors. It's pretty much the same consequences as failing to pay any other bill.

just to be clear!

[Deleted User]

thankyou for your responses. seems it's the best option to just pay up as don't want to get involved in court cases etc. such a shame that I'm the loser in this situation:(

saajan_12

DeledtedUser wrote: »

the manager has now contacted me wondering why I haven't paid the rent for 2 months.

DeledtedUser wrote: »

such a shame that I'm the loser in this situation:(

Seems the LL / agent is the loser in this situation, having to chase you for rent and cover any shortfall in the interim due to your / DD's choice to move out.