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Contract on student house

KatieBW123
KatieBW123 Posts: 59 Forumite
Third Anniversary 10 Posts Name Dropper
edited 22 August 2021 at 7:06PM in House buying, renting & selling
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. 
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Comments

  • olgadapolga
    olgadapolga Posts: 2,316 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    @KatieBW123 you may get more responses if posted on the housing/mortgages board.
  • @KatieBW123 you may get more responses if posted on the housing/mortgages board.
    Yes wasn’t sure. I’ll try and move 
  • GrumpyDil
    GrumpyDil Posts: 1,920 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Yes and you may also find yourselves liable for any costs of replacing your son on the original tenancy.

    Unfortunately the break down in the relationship between your son and the other tenants is not the landlord's responsibility and whilst they may show some sympathy they will likely take the view that someone needs to pay.

    I'm also assuming that you will have paid your deposit as well, so will need to deal with that. 
  • GrumpyDil said:
    Yes and you may also find yourselves liable for any costs of replacing your son on the original tenancy.

    Unfortunately the break down in the relationship between your son and the other tenants is not the landlord's responsibility and whilst they may show some sympathy they will likely take the view that someone needs to pay.

    I'm also assuming that you will have paid your deposit as well, so will need to deal with that. 
    I think he paid a minimal holding deposit. There’s no way he could’ve moved into the house, they were making threats towards him. 
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    GrumpyDil said:
    Yes and you may also find yourselves liable for any costs of replacing your son on the original tenancy.

    Unfortunately the break down in the relationship between your son and the other tenants is not the landlord's responsibility and whilst they may show some sympathy they will likely take the view that someone needs to pay.

    I'm also assuming that you will have paid your deposit as well, so will need to deal with that. 
    I think he paid a minimal holding deposit. There’s no way he could’ve moved into the house, they were making threats towards him. 
    Then he should report that to the police, it's a criminal matter potentially. However, that does not in any way void his joint and several liability to the LL for the rent due for those 6 weeks-nor yours as guarantor should he fail to pay.
    No free lunch, and no free laptop ;)
  • GrumpyDil said:
    Yes and you may also find yourselves liable for any costs of replacing your son on the original tenancy.

    Unfortunately the break down in the relationship between your son and the other tenants is not the landlord's responsibility and whilst they may show some sympathy they will likely take the view that someone needs to pay.

    I'm also assuming that you will have paid your deposit as well, so will need to deal with that. 
    I think he paid a minimal holding deposit. There’s no way he could’ve moved into the house, they were making threats towards him. 
    As above as well as potentially being a police matter he can/should report them to the university.

    Have you spoken to the landlord/letting agents and explained the situation and/or have they requested the rent to be paid?


  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Neither the LL nor the agent are going to accept a 6 weeks rent void just because there has been a domestic dispute between the students. If they did that, they would be getting similar claims all the time.
    No free lunch, and no free laptop ;)
  • FaceHead
    FaceHead Posts: 737 Forumite
    500 Posts Second Anniversary Name Dropper
    edited 23 August 2021 at 10:50AM
    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. 
  • Haven't you posted already about this?
  • Yes but in the wrong section, hence duplication 
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