tenancy agreement. ..where do I stand? ?

Guest101

DeledtedUser wrote: »

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. - legally this is irrelevant. 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. - it depends what this is for and who it's paid to. It's not as simple as she's not there so I don't owe anything. 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. - they could 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. - They cant relet the room, so I'm not sure what your talking about.
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! - Its not relevant.
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. - Expect to be taken to court shortly.
do I have any rights regarding this? - Yes, but none that help you with not paying rent
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? - sue you
PLEASE ADVISE ME

Ok advice - pay the rent.

Guest101

DeledtedUser wrote: »

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:(

?


Surely the blame is A: on the other tenants for bullying - which by the way there's plenty of legal action you could've taken and B: against your daughter, for signing a 12 month joint tenancy with bullies?


But the loser is the LL, who's losing out on rent.

AdrianC

DeledtedUser wrote: »

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

Odd. I'd have thought your daughter was the loser in the situation...

Why did she get into a joint-and-several rental situation with people she didn't know, anyway? And why did you get yourself into the position of guaranteeing it?

[Deleted User]

in response
the tenancy was not entered into with strangers. they were girls she had met during her first year at uni and they had all been friends. It could never had been predicted. I met the girls and they seemed really nice_but they changed dramatically.
I have read all the responses and have attempted contact with the estate agent-via phone and email-multiple times. i obviously dont have direct contact for the landlord.Of cpurse i will pay up-and lesson learnt. The reason i am trying to mke contact is regarding the deposit that was put down.

Pixie5740

Your daughter is the tenant, she is the one who has a contract with the landlord. Your daughter can write to the address for the serving of notices given in her tenancy agreement. If that address is c/o the letting agent then your daughter can write to that address requesting the landlord's contact details under the Landlord & Tenant Act 1985. By law the letting agent must supply those details within 21 days to your daughter.

As for the deposit, it depends who is named as the lead tenant with the deposit scheme. Legally speaking the joint tenants are one legal entity so as far as the landlord, or an agent acting on his behalf, is concerned therefore the deposit only has to be returned to the lead tenant. The landlord doesn't have to return it to each person named on the joint tenancy. If your daughter doesn't receive her share of the deposit back then she needs to file a MCOL and try to recover it from whoever did receive the deposit back.

dimbo61

Sorry AdrianC but many students end up rushing round in groups of 4/5/6/7/8 and even 10 viewing properties six/eight weeks after starting there first year at University.
In some of the big cities demand is so high for bigger/ better quality properties.
As a student landlord I require all student tenants to have a guarantor.
Usually a parent or close relative agrees to sign the deed of guarantor forms.
Trying to ensure fire safety, gas safe certificate, legionnaire disease checks, Electrical safety and even the mental health and wellbeing of your tenants via courses.
Right to rent checks and requirements needed to run a business without worrying if the tenants have fallen out.
PS the tenancy agreements for student properties are nearly always joint and several

Guest101

dimbo61 wrote: »

Sorry AdrianC but many students end up rushing round in groups of 4/5/6/7/8 and even 10 viewing properties six/eight weeks after starting there first year at University.
In some of the big cities demand is so high for bigger/ better quality properties.
As a student landlord I require all student tenants to have a guarantor.
Usually a parent or close relative agrees to sign the deed of guarantor forms.
Trying to ensure fire safety, gas safe certificate, legionnaire disease checks, Electrical safety and even the mental health and wellbeing of your tenants via courses.
Right to rent checks and requirements needed to run a business without worrying if the tenants have fallen out.
PS the tenancy agreements for student properties are nearly always joint and several

The problem I have is that most student landlord let via joint tenancies, but charge rent rates as though they were individual tenancies - asking parents to guarantee upwards of £1500-2000 a month.

G_M

Pixie5740 wrote: »

.... Your daughter can write to the address for the serving of notices given in her tenancy agreement.


If that address is c/o the letting agent then your daughter can write to that address requesting the landlord's contact details under the Landlord & Tenant Act 1985.

Landlord and Tenant Act 1987 section 48

Landlord & Tenant Act 1985 setion 1