Who pays rent in student house when one student is evicted

MumOfTwoStudents

A tenant has been evicted from my two kids student house because of aggressive threatening behaviour to the other tenants. 

This is an assured short hold tenancy agreement. 

Who is now liable for the rent for this room. Him? His guarantor? Or remaining tenants?

If it’s remaining tenants. What happens if some or all refuse to pay? 

bbat

Is it a joint tenancy, or are the rooms rented individually?

How was the eviction managed? Did the landlord evict them? Or did the other tenants make them leave?

MumOfTwoStudents

the landlord has evicted them. The tenant is on bail and can’t go near the house or tenants anyway. 

It’s a joint tenancy. 

elsien

Has the landlord properly evicted through court - unlikely given the backlog - or has the tenancy been mutually surrendered?  If not the person still has a tenancy and is still liable for rent even if they can’t live there. But if it’s a joint tenancy then they are all equally responsible and the landlord will chase whoever they think they can get the money from. 

What do you mean, the landlord has evicted them? He can’t just unilaterally end a tenancy. 

bbat

Sounds like your children have had a horrible time and I'm glad this person has now left. 

What does the guarantor document you signed say?

Someone with more experienced will have better advice than me, but the landlord cant actually evict one person form a joint tenancy. They tenancy would have to end and a new one be signed. Obvs getting this person out so everyone is safe is the priority and I'm glad the landlord took action. 

Haha you spoken to the landlord? They may be seeking the money from the individual guarantor in this instance for the time being but I imagine they will want to set up a new tenancy agreement quickly. 

Hopefully someone with more practical advice will reply but you can also speak to Shelter.

MumOfTwoStudents

Ok thanks. So if the others don’t pay we have to pay their share or we all end up with CCJ’s?

If the landlord can chase any one they think they’ll get money from then that doesn’t feel the same as us all being equally responsible. 

theartfullodger

HOW was he evicted please?  Court action then court bailiffs or was this some stupid landlord taking the law into his own hands and chucking him out? If so I hope landlord gets a criminal conviction.

Do I understand you are related to another occupant, please?

elsien

All of them are liable for any rent arrears. It’s not an equal split with each of them responsible for the same proportion then their liability ends.
Ideally the landlord would chase the guarantor. That’s what they’re there for after all.

And if the person still has a tenancy and bail conditions are removed then he could legally return to the house to live as long as the tenancy is in place. 

MumOfTwoStudents

elsien said:

All of them are liable for any rent arrears. It’s not an equal split with each of them responsible for the same proportion then their liability ends.
Ideally the landlord would chase the guarantor. That’s what they’re there for after all.

And if the person still has a tenancy and bail conditions are removed then he could legally return to the house to live as long as the tenancy is in place. 

So if we pay our share and others don’t pay theirs we can still be chased for the outstanding rent caused by them not paying their share and if we all refuse to pay that then we’re all going to get CCJ’s? 

Landlord advised that the agent they were going to use to readvertise their room had told them they had no grounds to chase the tenant or the guarantor. 

I’m reading about others talking about how it’s impossible to end his part of the tenancy I think they’re saying whole tenancy should be rescinded and a new one created without this tenant. So if she does that then surely that’s why she can’t chase this tenant or guarantor. 

If she doesn’t do that then we can’t readvertise the room and he can move back in once bail conditions aren’t in place. 

What would you do? If you were me? 

canaldumidi

1) The landlord cannot legally evict one of 3 joint tenants. He can, of course, ask the tenant to leave but a) the tenant could refuse and b) even if the tenant left the joint tenancy continues and all 3 (including the one who left) remain liable.

2) The only way the LL could evict would be by applying to court for the tenancy to be ended. If that happened (which sounds unlikely) then all 3 joint tenants should leave as the tenancy ends.

3) Assuming the tenancy has NOT ended, then all 3 tenants remain liable for the full rent. If one fails to pay their share, the others must pay it, or arrears will arise. If there are arrears, the LL can chase any of the 3 joint tenants for the arrears

4) if the tenants (as a whole) fail to pay the full rent, then (depending on the exact wording of the guarantee agreement(s)), the guarantors can be chased, via the courts if necessary

5) a CCJ will only arise if the defendant (be that tenant and/or guarantor) fails to pay after being ordered to do so by the court

MumOfTwoStudents

theartfullodger said:

HOW was he evicted please?  Court action then court bailiffs or was this some stupid landlord taking the law into his own hands and chucking him out? If so I hope landlord gets a criminal conviction.

Do I understand you are related to another occupant, please?

I’m grateful that the landlord has taken some action since my kids were assaulted and are at risk. However I do want things to be done properly. 

Yes two of my kids are living in that house.