Desperate for rent advice

GeorgeT

My closest friend is in crisis and we need advice. If anyone can offer any help, it would be so so welcome.

His problem is that he’s a student renting a house that is in the process of being sold by their landlord. There are three of them in the house and one of them wants to find someone to replace them.

My friend’s family have just had a disaster in that they’ve been conned and have lost a lot of money so can’t be his guarantors any more. It’s a stressful nightmare and my friend doesn’t know what to do. He can afford the rent for his house but won’t have a guarantor so can’t sign the new tenancy agreement.

On top of this, the one who wants to leave has said they’ll refuse to pay if the new landlord won’t let them find a replacement.

Please help if you have any advise, ex or support

Annie35

A new landlord will be buying all existing tenancies, certainly if friend is in a fixed term ie 6/9/12 months there's no question his tenancy continues.

Friend needs to check his tenancy to see what happens if someone stops paying, if it's a student/group let it's likely to be all liable, someone stops paying = everyone else expected to pay the difference.

(If everyone on individual ast's then it's just the non payer liable)

Lastly guarantor checks are usually just a suitable wage/income & pass credit checks, so if they can do that they'll likely be acceptable if ever needed.

G_M

The sale of the property does not affect the tenancy. The existing tenancy remains valid. If the new owner/landlord offers the tenants new tenancy agreements, it is their choice whether to sign, or whether to continue under the existing tenancy.

1) is the current tenancy a fixed term one? What are the start/end dates?
2) is the current tenancy 'joint and several'?ie are all the tenants named on a single agreement,or does each tenant have an individual agreement?

one of them wants to find someone to replace them.

This can only be done with the agreement of the landlord, and all joint tenants.

the one who wants to leave has said they’ll refuse to pay if the new landlord won’t let them find a replacement.

See 2) above. If joint and several, then the LL can choose whether to chase the tenant who leaves, the tenants who remain,or all 3 of them for the outstanding rent.

GeorgeT

Thank you for your help. The tenancy is fixed term - Sept 2018 to Sept 2019 - and is on a joint tenancy. The one who wants to move out was not on the original contract, he replaced another who left early on.

The main issues are the worry that he has that his parents are retired and haven’t the money anymore to fulfill the role, nor the income to change that.

What happens if the leaving tennant refuses to pay and my friend can’t pay for them and his guarantor can’t pay either?

00ec25

GeorgeT wrote: »

Thank you for your help. The tenancy is fixed term - Sept 2018 to Sept 2019 - and is on a joint tenancy. The one who wants to move out was not on the original contract, he replaced another who left early on.

The main issues are the worry that he has that his parents are retired and haven’t the money anymore to fulfill the role, nor the income to change that.

What happens if the leaving tennant refuses to pay and my friend can’t pay for them and his guarantor can’t pay either?

a joint tenancy means just that

if one person fails to pay the landlord "simply" makes everyone else pay for the shortfall, whether that be one or more of the other tenants...
and/or (depending on the exact wording of the guarantee each one signed) also one or more of the other guarantors

Slithery

GeorgeT wrote: »

The one who wants to move out was not on the original contract, he replaced another who left early on.

How was this 'replacement' carried out?

What happens if the leaving tennant refuses to pay and my friend can’t pay for them and his guarantor can’t pay either?

The LL takes one, two or all three of them to court to get the money. It's their choice.

G_M

GeorgeT wrote: »

The tenancy is fixed term - Sept 2018 to Sept 2019
Then (unless there is a 'Break Clause' - read it and check), the tenancy cannot be ended till Sept 2019. If you decline to sgn a new tenancy agreement with the new landlord, the exiting tenancy will coninue till Sept 2019 (and thereafter unless properly ended by the tenants or a court).

- and is on a joint tenancy. The one who wants to move out was not on the original contract, he replaced another who left early on.
Then if he is not on the tenancy agreement, he has no obligation to pay rent. The one who left early is (I assume?) still named on the current (sept 18-19) tenancy agreement? Therefore he is still liable for rent.

The main issues are the worry that he has that his parents are retired and haven’t the money anymore to fulfill the role, nor the income to change that.
If they are guarantors, their liability does not stop. If they were sued,and lost, they would either
* have to pay
* receive a CCJ
* have a Charge raised against their home (if they own it) or
* have bailiffs remove their TV, car etc to cover the debt

What happens if the leaving tennant refuses to pay and my friend can’t pay for them and his guarantor can’t pay either?

Since the leaving 'tenant' is (you say) not named as a tenant, no action can be taken by the LL against him. Or against his guarantor (though I fail to understand how his parents can be guarantors if he is not a tenant!!)

The LL can take action against any or all of the named tenants (whether they still occupy the property or not). And/or against any of their guarantors. Action can be
* a request for the rent
* deduction of rent arrears from the deposit
* legal action in court