Legal advice needed - student house share

nomywell

Our daughter is a part of a house share for Uni. It's via a private house but controlled by a housing management company. I did do a post before about this, but it's moved on now hence this new post. 

From when the tenancy started there was a string of issues, some serious. All of the parents kicked up a fuss and wanted a refund. Finally after two weeks, they came back and said the landlord has refused any refund but will fix the issues, but as we were so unhappy he was willing to terminate the contract. I was expecting everyone to bite his hand off, but they all accepted as most of the students had settled in. For us, our daughter suffers from Asperger's and she has had a terrible time with nightmares caused by the state of the house (broken locks, dodgy electrics, tripping electrics etc), just things that affect people in her condition really badly, we simply have to rescue her and bring her home for her own good before she really goes downhill. 

So now my question is that if the landlord has offered a termination of the contract, and if we as her parents want to accept this, are we bound by the majority?

We are now left in a position that until this is resolved, our daughter cannot start Uni when she's with us - 150 miles away - as we can't afford to take on other accommodation for her whilst we are bound to this. It all seems really unfair that as a result of these issues and how this has affected her mental health, we are stuck.

Any advice really appreciated.

tacpot12

You would be bound to accept the decision of the majority if the plan was to terminate the tenancy at a break point within the  fixedperiod of the tenancy (usually the first six months of the tenancy is fixed, and there may be no break point listed in the tenancy agreement).

However, you are not doing this. Your daughter remains liable for the rent until she gives the notice required by the agreement and this notice expires. Anything else it as the goodwill of the landlord.

The best way out of this is to agree with the landlord that you/she will pay the rent until a new tenant can be found to take over her tenancy. Try to get an agreement from the other tenants that they will accept any student of their age. Then market the vacancy hard. 

canaldumidi

I'm guessing (please confirm) that this is a 'joint and several' tenancy, rather than each student having an individual tenancy?

That being so, to end the tenancy would end it for ALL the joint tenants, and would require the consent of ALL the joint tenants.

The alternative is for a new, substitute joint tenant to be found, who is acceptable to both the landlord and the other joint tenants, and your daughter's contract to be 'assigned' to the new joint tenant.

Or for your daughter to be removed from the tenancy (again, with the agreement of all joint tenants and landlord), leaving the remaining tenants responsible for the full rent including her 'share' of the rent.

theartfullodger

It's the tenants who must decide and accept, or not.  Parents , unless named as tenants, I can't see having responsibility for any such decisions. Are parents guarantors?

Part of growing up.  

Artful, 3 grown up sons.

canaldumidi

tacpot12 said:

However, you are not doing this. Your daughter remains liable for the rent until she gives the notice required by the agreement and this notice expires. Anything else it as the goodwill of the landlord.

But note that

a) no notice is required to end the tenancy at the end of the fixed term

b) if there IS a Break Clause, all joint tenants must agree to implement it and end the tenancy

So till the fixed term expires, there is little she can do other than as I suggested above - 'assign' her contract to someone else, with full agreement, or get removed, with full agreement.

Slithery

It doesn't even need to be a majority. As it's a joint tenancy if even one of the housemates decides to stay then the tenancy continues for everyone.

theartfullodger

Slithery said:

It doesn't even need to be a majority. As it's a joint tenancy if even one of the housemates decides to stay then the tenancy continues for everyone.

Yes, if periodic:. Not if, as I suspect, if still in Fixed term.

Nomywell, what is end date of tenancy, please?

nomywell

The tenancy started 2 weeks ago and lasts for 12 months. But as I say, the landlord agreed to terminate with immediate effect following issues with the house and allow them to all walk away. This is what I am confused by. Surely this isn't a unanimous decision? If one tenant agrees to take this offer up, surely they can't be forced against their will having been given a termination offer? I say surely, but I think I know the answer to that!

On the issue of the house looking for a tenant, they are all adamant that they don't want anyone else, nor are they willing to take up my daughter's payments. So again, where do we stand there?    

Slithery

The landlord is offering a 'mutual surrender'. It's up to them what conditions they want.

saajan_12

nomywell said:

The tenancy started 2 weeks ago and lasts for 12 months. But as I say, the landlord agreed to terminate with immediate effect following issues with the house and allow them to all walk away. This is what I am confused by. Surely this isn't a unanimous decision? If one tenant agrees to take this offer up, surely they can't be forced against their will having been given a termination offer? I say surely, but I think I know the answer to that!

On the issue of the house looking for a tenant, they are all adamant that they don't want anyone else, nor are they willing to take up my daughter's payments. So again, where do we stand there?    

Of course it has to be unanimous. 
The default position on any repair issues is that the tenants report them and the LL fixes them. Tenancy and rent continue as usual, as daughter agreed. 

Some people are not happy with that and the LL has offered an alternative whereby everyone leaves. That way the LL gets back an empty house, can repair quickly, relet to a whole group (rather than some individuals who may / may not want to share with the people you leave behind). 

If only some leave, then either 
- Tenants who stay have to cover your daughter's "share"
- LL only gets rent from the people staying and loses rent on the other rooms
- Replacement tenants found for tenants who leave (but what if remaining tenants don't want to live with them, or no one wants to live with current tenants?)
Why does daughter get to unilatterally impose one of the above on the co-tenants or LL ?

AdrianC

The tenants are the students. They are all grown adults, legally responsible for their own finances and decisions.

Her medical condition may exacerbate her response to what are common daily issues, but unless you are alleging she does not have legal capacity to deal with her own life, it remains her problem legally and not yours.

Along with the other parents, the landlord must not deal with you or them directly unless the tenants explicitly allow it.
Even then, the tenancy will be joint for the entire house, and for all the students who signed the tenancy.