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Student house contract

Wondering if anyone had any advice? My son was supposed to be heading back to Uni last month and had signed up for a houseshare with 5 other kids. The contract ran from 1st July 21 to July 22 and we had both signed as I was his (jointly severally liable) guarantor, along with the others. In early June, whilst at home, my sons life flipped upside down and he became subject to a really vicious teenage witch-hunt and his reputation has been really damaged. Word spread very fast and the kids in the house, without speaking to my son or hearing his version, sent him a joint message saying they no longer wanted him to live in the house. My son was hurt and  indignant and their responses were malicious and misinformed and they also said they had a replacement tenant. This was on the 23rd June. I advised my son to stop communicating with the others and I let the letting agent know what had happened, also one of the other parents. My son could not take his place in the house and actually will now be suspending studies until he has dealt with his situation. But it has taken till now for the new tenant to sign and I am uncertain re the period in between (July 1st-august 13th) as we were still on the contract and I believe my son (and me) will still be liable for rent for that period. The contract is long but obv no mention of these type of mental circumstances. Basically what I’m asking…will they pursue us for that 6 week period of rent? Id argue if so. 

Comments

  • davilown
    davilown Posts: 2,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I would believe so
    30th June 2021 completely debt free…. Downsized, reduced working hours and living the dream.
  • saajan_12
    saajan_12 Posts: 5,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Wondering if anyone had any advice? My son was supposed to be heading back to Uni last month and had signed up for a houseshare with 5 other kids. The contract ran from 1st July 21 to July 22 and we had both signed as I was his (jointly severally liable) guarantor, along with the others. In early June, whilst at home, my sons life flipped upside down and he became subject to a really vicious teenage witch-hunt and his reputation has been really damaged. Word spread very fast and the kids in the house, without speaking to my son or hearing his version, sent him a joint message saying they no longer wanted him to live in the house. My son was hurt and  indignant and their responses were malicious and misinformed and they also said they had a replacement tenant. This was on the 23rd June. I advised my son to stop communicating with the others and I let the letting agent know what had happened, also one of the other parents. My son could not take his place in the house and actually will now be suspending studies until he has dealt with his situation. But it has taken till now for the new tenant to sign and I am uncertain re the period in between (July 1st-august 13th) as we were still on the contract and I believe my son (and me) will still be liable for rent for that period. The contract is long but obv no mention of these type of mental circumstances. Basically what I’m asking…will they pursue us for that 6 week period of rent? Id argue if so. 
    Depends on exactly how the tenant changeover was handled and what was signed by son at that point. The proper way to do it is a deed of variation. What does that say? 

    Also did son put in a deposit, and is the LL / new tenant reimbursing that? 

    If you answer the above, we can advise further. 
  • anselld
    anselld Posts: 8,751 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 August 2021 at 5:15PM
    The group ejected your son and found a replacement on 23 June before the start of contract.
    Whilst the delay in paperwork may leave him technically liable for the interim I would put the onus on the remaining group and resist any claim of liability for as long as possible.  It was for them to sort the paperwork out quickly and the liability should rest with the incoming replacement tenant.
    Bear in mind also that if it is joint and several liability contract then legally the rest of the group are equally as liable your son.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your son should request his deposit is returned ASAP from the Landlord.
    He should have got a new deposit from the replacement tenant.
  • I feel for your son, i had a similar experience moving in with friends from Ireland when we went to university in England and their attitude changed when they mixed with others from Ireland and i made English friends. They asked if i would move out for one of their friends to move in but wouldn't cough up the rent and deposit i had paid (we paid quarterly). 

    I stayed and it made my life hell, parents sorted out new accommodation and said forget about the money. Im glad we did as it would have ruined my experience and affected my studies.

    If you can forget about the 6 weeks rent and get the deposit back and support your son getting back on his feet. 
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