Student co-renter rips off the house

Comms69

westernpromise wrote: »

Yes, it's probably an unenforceable sublet, so she shouldn't be paying rent to Mandy. She should if anything pay it to the other tenants towards the arrears. If Mandy then crawls out of the woodwork and sues, at least everyone will know where to reach her, and if she wins, she'll be in funds to pay her own impending CCK.

Having seen what it's like in leasehold blocks, the likelihood is that most of the 9 occupants will do nothing about Mandy and will leave it to their guarantors to pay up.

The problem is the new tenant would be out of pocket twice

jonnygee2

So how do you launch a claim against someone when all you know is their name? And is it worth it when they might possibly give her 240 months to pay it back?

As GM mentioned, it's possible, and it's definitely worth it. Most people do get their money back through small claims. If you don't, there are enforcement options too, although more difficult without her address.

At the very least getting a CCJ against her will make others aware of how bad she is with money - she'll fail future credit checks for rent for example, preventing her from doing this again so easily.

Comms69

macman wrote: »

What is debatable? The room has been sublet in breach of the tenancy agreement.

Well it's debateable if it's been sublet, but even if we agree that.


It does not mean the new tenant has no rights.

Out,_Vile_Jelly

Mandy's full name must be on the original contract surely? Might be worth contacting the LL, acknowleding that under the terms of the contract you as guarantor are liable, but explaining you would like to pursue her privately.

I was in a student houseshare of 8, all friends whose full name and home addresses I knew (still mates with all of them). It's not reasonable to ask people to stand as guarantors without this basic information.

parkrunner

robatwork wrote: »

Because they don't have to. The contract (probably) states all the guarantors are jointly and severally liable for the default of any of the tenants. So it's easier for the LL to go after a guarantor they know will pay.

So they can go after the OP for instance for the full amount and not even chase the other guarantors?

parkrunner

Bohannun wrote: »

* My daughter is at uni in a house with 9 other people.
* Each renter needs to provide a guarantor in the event of the rent not being paid.
* They’ve been there for 2 years and want to stay for the last year
* in the first year, a young girl called Mandy who got on with no one, sub let her room to another girl and then moved out.
* According to the contract Sub-letting is not allowed.

As the contract states that it's not allowed did any of the tenants inform the agency or LL about the sub-letting?

mrginge

parkrunner wrote: »

So they can go after the OP for instance for the full amount and not even chase the other guarantors?

Yes of course.

All the tenants are liable for all the rent.
All the tenants are liable for any damage.
And in this case, all the tenants have breached the tenancy by subletting.

Personally I think the other tenants are just as much to blame as Mandy.

spadoosh

G_M wrote: »

The trouble is that arrangements like this are all too common in student lets.

Thats the crux of the matter.
For a lot fo people this will be one of the first contracts they ever sign. Most parents seem to be oblivious to such clauses and naturally a LL will be hesitant highlighting it.

Students need more protection in this area. Especially when you consider the mark up on student lets. £5400 per month rental income and that ultimately can be requested from a single person.

Basically somehow a student has been able to sign a contract that makes them liable for £64800 whilst having an income (through loans usually) of about £8,700. You can bet at not point is it explained as clear as that.

You can blaim the other students all you want. Its landlords taking advantage of naive students its blatantly obvious what happens and the landlord could very easily offer protection to each individual whilst having similar protection to what they currently get. Yet its easier threatening usually financially vulnerable people with eviction and court than it is actually chasing someone you know the debt is applicable to.

Id put high chances as well that they are recommended landlords from the uni too. Who will be more than aware of the practices, having no doubt every year dozens of students seeking their help in such matters. To be told well you shouldve read the contract.

Theyre being let down by everyone.

Unless you are taught about contracts and whats hidden within them you will be naive. I know for a fact i was never taught anything about contracts, and renting in the bulk of my education. My only education on the matter came from studying AS law. Which left a lot to be desired in relation to specific renting contracts.

This has been happening at least since i was at uni 13 years ago and is applicable to thousands of students every year.

Its a shocking practice and should be stopped. Ideally people would wise up to it but the reality is youre getting fresh bait every couple of years to take advantage of. People are completely unaware of it.

The university can do something - huge legal departments, recommednation of landlords, student house department etc
Parents can do something - educating their kids on contracts
The education system can do something - educating people on contracts
The landlord can do something. - making renters very aware of their commitment
And yes the student can do something. -read the fine print of what will be a few page document in which thousands of students have signed similar before you, its a document the uni wouldve seen and youd expect to highlight such an blatantly dangerous liability.


I feel for you op. First thing i would be checking is if a large HMO licence is applicable and checking if they have one. Its a very long shot but could result in all rent being refunded over a 12 month period.

Comms69

spadoosh wrote: »

Thats the crux of the matter.
For a lot fo people this will be one of the first contracts they ever sign. Most parents seem to be oblivious to such clauses and naturally a LL will be hesitant highlighting it.

Students need more protection in this area. Especially when you consider the mark up on student lets. £5400 per month rental income and that ultimately can be requested from a single person.

Basically somehow a student has been able to sign a contract that makes them liable for £64800 whilst having an income (through loans usually) of about £8,700. You can bet at not point is it explained as clear as that.

You can blaim the other students all you want. Its landlords taking advantage of naive students its blatantly obvious what happens and the landlord could very easily offer protection to each individual whilst having similar protection to what they currently get. Yet its easier threatening usually financially vulnerable people with eviction and court than it is actually chasing someone you know the debt is applicable to.

Id put high chances as well that they are recommended landlords from the uni too. Who will be more than aware of the practices, having no doubt every year dozens of students seeking their help in such matters. To be told well you shouldve read the contract.

Theyre being let down by everyone.

Unless you are taught about contracts and whats hidden within them you will be naive. I know for a fact i was never taught anything about contracts, and renting in the bulk of my education. My only education on the matter came from studying AS law. Which left a lot to be desired in relation to specific renting contracts.

This has been happening at least since i was at uni 13 years ago and is applicable to thousands of students every year.

Its a shocking practice and should be stopped. Ideally people would wise up to it but the reality is youre getting fresh bait every couple of years to take advantage of. People are completely unaware of it.

The university can do something - huge legal departments, recommednation of landlords, student house department etc
Parents can do something - educating their kids on contracts
The education system can do something - educating people on contracts
The landlord can do something. - making renters very aware of their commitment
And yes the student can do something. -read the fine print of what will be a few page document in which thousands of students have signed similar before you, its a document the uni wouldve seen and youd expect to highlight such an blatantly dangerous liability.


I feel for you op. First thing i would be checking is if a large HMO licence is applicable and checking if they have one. Its a very long shot but could result in all rent being refunded over a 12 month period.

Actually it!!!8217;s parents failing to educate their children who are now ADULTS.

Can vote; can!!!8217;t read a contract.... it!!!8217;s pathetic

lookstraightahead

Comms. They read contracts just like any typical person in this country. Badly. My daughter is a straight A student with very little common sense and I agree with what you are saying, but it does require more clarity. I will await your passionate response ...