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Contract on student house

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  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    FaceHead said:
    Just simply don't pay and move on. Sounds like there are bigger things to deal with. You'll probably have to write off the minimal deposit (assume a 1 week holding deposit) - again probably more important things for you right now than chasing a one week deposit.

    The housemates asked your son not to live with them. Fine, but they'll need to cover the rent between the start of the contract and when the replacement tenant starts paying. If that bit of rent is still in arrears at the end of the tenancy the landlord would try to deduct it from the deposit, rather than chasing you/your son. You are jointly and severally liable for it, but also are four other 'kids', parents, and the deposit. 
    Which potentially means that both the OP and their son will get a CCJ and then no more credit for the next 6 years. As you say, the odds are that the LL will pursue the shortfall from the remaining tenants, since they are still in the property, but the possibility still exists, and they would have no defence if the OP has signed a guarantor agreement.
    No free lunch, and no free laptop ;)
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The reasons he didn't move in are nothing to do with the landlord so he/you need to speak to the landlord and get them to confirm in writing that the tenancy agreement has been changes and that your son is no longer part of the agreement and that you are no longer a guarantor.

    If they don't confirm, then he may need to contact the other tenants (again, in writing) stating that he accepted their demand not to move in but has become aware that they did not make the necessary amendments to the tenancy and they need now to do so. 

    if you do nothing, the risk you run if that if the others move out with any arrears or having caused any damage, you and your son could be on the hook, and t that point you don't have any contact address for the other tenants. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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