Who pays rent in student house when one student is evicted

MumOfTwoStudents

bbat said:

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.

I’m glad he’s left too. But we are left worrying about our next worse case scenario and how that might affect us financially and whether we will end up with CCJ’s if the others don’t pay their share of his rent. I can only afford to guarantee my two kids share of their own rent and that’s all I thought I was guaranteeing. 

Surely this is how it works. The guarantor agreement might as well be written in Greek. I know I understood it to refer only guaranteeing for my two kids share of rent since I have been assessed as only being able to afford that. It doesn’t say whether it’s everyone else’s if I’m the only one who cares about my credit rating and the others refuse to pay. 

I just can’t get my head around any of it now that we are trying to decide what to do next. 

The landlord advised that the agent they intend to use to readvertise the room had told them they can’t chase the tenant or the guarantor for the rent. 

elsien

Presumably it’s unlikely that the person who has left (not evicted, because he hasn’t been) will want to return.
If the landlord will co-operate then all three of them mutually ending the tenancy and the two that remain signing a new one (or getting a third person in if they can find someone) sounds like the easiest option. 

Given that it sounds as if this has just happened, giving it a week or two for the dust to settle and to allow people to properly consider the options, might help. 

The landlord does sound as if they’re making it up as they go along. 

MumOfTwoStudents

canaldumidi said:

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

Thank you for your comprehensive response. I am beginning to understand the eviction issue which is helpful. 

I should say there are 7 tenants in total. That is my concern. We have to rely on all of them to pay their share of this tenants rent. If it was just my two then I’d just get on with it as I’m going to as guarantor. 

Still it seems that we are all treat as someone who hasn’t paid even if we pay our share. The landlord can chase the one who is the easiest target and the others get off Scott free if we’re the only ones who care about our credit rating and integrity so find a way to pay more then our share. 

What would you do? I could have a bill of 3000 for the rest of the year if I’m the only guarantor who pays up cause I don’t want to end up with bad credit or interest on the outstanding rent. 

elsien

7 tenants all on one joint tenancy? 

Just to check are they in England or another part of the UK? 

Are you sure it’s a joint AST and not set up as an HMO? 

MumOfTwoStudents

elsien said:

Presumably it’s unlikely that the person who has left (not evicted, because he hasn’t been) will want to return.
If the landlord will co-operate then all three of them mutually ending the tenancy and the two that remain signing a new one (or getting a third person in if they can find someone) sounds like the easiest option. 

Given that it sounds as if this has just happened, giving it a week or two for the dust to settle and to allow people to properly consider the options, might help. 

The landlord does sound as if they’re making it up as they go along. 

Yes. I do believe she is. I don’t think she’s been faced with this before. 

There’s 6 tenants remaining not just my two. Which is why I’m more worried. I’ve no idea whether the others will all pay. 

I’m hoping they get a ‘good’ person in very soon. That is definitely the best option. But you can see why I’m looking at the worst case. We’ve already had another tenant not paying their rent and telling lies. He’s up to date now but has no guarantor. His guarantor let him down at the last moment and she felt she had no choice but to take him. It’s a nightmare. 

MumOfTwoStudents

elsien said:

7 tenants all on one joint tenancy? 

Just to check are they in England or another part of the UK? 

Are you sure it’s a joint AST and not set up as an HMO? 

In England. It’s an HMO but I assumed the tenancy was an AST? It says AST on the tenancy agreement. 

theoretica

If the landlord chases the person who has left for rent that would imply they still have a tenancy, and a right to live there - seems worth avoiding that one.  Hopefully they find someone else good, so there is only a comparatively short void period to be concerned about.

Does the tenancy agreement you and your children signed have the full monthly rent on it for all seven people (a sum in the thousands) or just their share (hundreds each a month)?

MumOfTwoStudents

theoretica said:

If the landlord chases the person who has left for rent that would imply they still have a tenancy, and a right to live there - seems worth avoiding that one.  Hopefully they find someone else good, so there is only a comparatively short void period to be concerned about.

Does the tenancy agreement you and your children signed have the full monthly rent on it for all seven people (a sum in the thousands) or just their share (hundreds each a month)?

That makes sense. Thank you. 

It’s a sum in thousands. 

theartfullodger

So are you stating the landlord evicted him (? her ?) by taking the law into landlord's own hands??   We need to know so we may advise you better.

MumOfTwoStudents

theartfullodger said:

So are you stating the landlord evicted him (? her ?) by taking the law into landlord's own hands??   We need to know so we may advise you better.

I know there’s no court order. But she has asked him to leave and he has complied.