Student rental hmo query

Brackenfield

Me again! Thanks to all that helped get the landlords address for my student friend that I am guarantor for....

Next query.... her lease (5 people named on one lease) is fixed to 12th august.  I've asked my friend (who has returned to her own home in the EU) to get in touch with the other 4 to ensure they are leaving.  

What would happen if those still resident didnt leave and the fixed contract became a monthly contract, would my friend have to remain liable (and thereby I remain guarantor)?

Thanks in advance for any/all help.

Thanks
Brackenfield 

[Deleted User]

Brackenfield said:

Me again! Thanks to all that helped get the landlords address for my student friend that I am guarantor for....

Next query.... her lease (5 people named on one lease) is fixed to 12th august.  I've asked my friend (who has returned to her own home in the EU) to get in touch with the other 4 to ensure they are leaving.  

What would happen if those still resident didnt leave and the fixed contract became a monthly contract, would my friend have to remain liable (and thereby I remain guarantor)?

Thanks in advance for any/all help.

Thanks
Brackenfield 

Yes, if the tenancy becomes periodic then your friend’s daughter and the guarantor would still have joint and several liability for the tenancy. 

MaryNB

If the remaining do not want to move out at the end of the fixed term the tenancy automatically becomes rolling. Once it becomes rolling after the 12th of August only one tenant (ie your friend) needs to give notice to end of the tenancy for all. They must all move out then by the end of that notice period or else they could all be liable for double rent. Alternatively the landlord may agree to a new tenancy agreement with a new 5th tenant to replace your friend so the other tenants stay on under a new contract without her. 

If they all agree to hand in notice for the 12th of August they all have to move out by the 12th.

If they don't hand in notice but they all leave on the 12th of August, the tenancy ends as does her liability. This is assuming their tenancy agreement doesn't require a notice period for the end of the fixed term of course. If it does they all need to give sufficient notice. 


Whichever scenario it ends, your liability as guarantor only ends once the current tenancy agreement has ended and all tenants have moved out, or the landlord give them a new tenancy agreement with someone else to replace your friend. 

Brackenfield

Thank you both for taking the time to respond, I appreciate it

MaryNb I think you have put your finger on what I was unsure about....
it made sense that they could move to periodic terms but I wasnt sure how my friend could terminate (if necessary) a lease with 5 of them on her own.

The original plan was for her to rent for a few months then relet to someone else that the others agreed to.  Obviously covid screwed that plan and so shes paid rent for months on an empty room.  Hoping the end is in sight.  

Thanks again.
Brackenfield 

MaryNB

Make sure she checks the terms of her notice period. Someone posting today got caught out. A month's notice isn't always a calendar month, it more often refers to the rental period - in other words notice served on your friend's tenancy agreement will have to end on the 12th or 13th of the month. If, for example, she gives notice on the 15th of August she may have to wait until the 12th of October to move out.

The tenancy agreement may require them to give notice a month or two before the end of the fixed term. If it says nothing no notice is required but all tenants need to move out on the 12th. 

If the others don't want to serve notice so she has to wait until the rolling part of the contract starts on the 13th of August to service notice. Unless the contract specifies the required notice, the default is one period. If it does specify more time (often asks for 2 rental periods) she'll have to adhere to that. 
There are two types of rolling contract 

• Statutory Periodic Tenancy - rolling part of the contract is not mentioned in the tenancy agreement. Notice is one rental period.
• Contractual Periodic Tenancy  - rolling part of the contract is mentioned in the tenancy agreement and notice period is probably specified