Who pays rent in student house when one student is evicted

[Deleted User]

Help get someone in to replace the tenant by advertising the room asap. In general you are wise to stop and consider your overall liability but this is not a disaster. It's a standard situation. Get a new tenant and its fixed.

Once things are settled, sit down with a cuppa and ponder why being part of joint and several liability for thousands as a tenant or guarantor is unwise (although not uncommon I suppose).

MalMonroe

My daughter was in a shared house when she was at Uni. She shared with three others. They each had a separate and official signed agreement with the landlord. Their rent was the same and they shared all bills equally - gas, electricity, water, phone. If one of them had left, for whatever reason, they would NOT have had to pay that person's rent.  

Your two children don't have to pay a penny either and you have no need to worry. The landlord has evicted one of the tenants and now they have to get someone else in to fill that space. 

In shared houses, each tenant has - or should have (even your two children should have their own) a separate agreement. So if one leaves, for whatever reason, it has nothing whatsoever to do with the other tenants. Other tenants' rent agreements have absolutely nothing to do with you. Or your children. 

A landlord will normally, to make things easier if possible, ask the tenants who are still in the property if they know of anyone who may want to move in. With students, there often is someone seeking alternative accommodation and it's better if they know who they're moving in with too.  

The landlord cannot make you pay rent for someone they have actually asked to leave. Or if someone has given the appropriate notice and moved out of their own volition. Or indeed if anyone defaults on their rent. It's not the other tenants' responsibility, it's the landlord's.

Unless you have specifically agreed to pay someone else's rent when they have been ousted or if they default, you really don't have anything to worry about. 

You said " 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." But it isn't up to other tenants or you to pay a share of another tenant's rent unless you have signed a contract to that effect. 

You are acting as a guarantor simply for your own two children, in case they fail to pay. You are not responsible for anybody else in that house. Unless, as I say, you have signed to that effect.

You also say "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."

Where is the written agreement you have signed? Because the landlord really cannot chase anyone else for the missing rent. If you have paid anything towards someone else's rent, then you must try to get it refunded.

Have you actually spoken to the landlord about any of this? Because it sounds as if you need to do so without delay.

I think you also need to speak to the Uni's accommodation department without delay. Hopefully they can help you to deal with the landlord. Just because your children and the other tenants are not renting from the uni accommodation office doesn't mean that they cannot help. Also try student services. 

If the landlord is new to this, then she needs to quickly bring herself up to date with the law on renting to students. Otherwise she may well find herself in court. 

Sorry this is long but please don't let this person bully you into paying for someone SHE has ousted. 

MumOfTwoStudents

[Deleted User] said:

Help get someone in to replace the tenant by advertising the room asap. In general you are wise to stop and consider your overall liability but this is not a disaster. It's a standard situation. Get a new tenant and its fixed.

Once things are settled, sit down with a cuppa and ponder why being part of joint and several liability for thousands as a tenant or guarantor is unwise (although not uncommon I suppose).

Call me naive but since thousands of people are in this situation and presumably have no problems and there are few alternatives for students needing accommodation in a big university city I really didn’t read the tenancy agreement or guarantor agreement in this way it isn’t explicit anywhere about this type of responsibility and what it means. If thousands of people do this every year for their kids then why should I worry? 

I also didn’t expect my kids to be assaulted in this way by a friend they trusted. 

In fact I don’t earn enough to guarantee for the whole rent. Only that of my two which I’m prepared for. Why would I think that I could be liable for the whole rent for all 7? 

I won’t be doing it again. It’s ridiculous. Next year they get a two bedroomed place. 

As long as someone takes the room soon (and pays - we already had a rubbish payer as well as on the agreement before this issue) of course, it’s fine. I’m just trying to work out my worst case scenario. 

MumOfTwoStudents

MalMonroe said:

My daughter was in a shared house when she was at Uni. She shared with three others. They each had a separate and official signed agreement with the landlord. Their rent was the same and they shared all bills equally - gas, electricity, water, phone. If one of them had left, for whatever reason, they would NOT have had to pay that person's rent.  

Your two children don't have to pay a penny either and you have no need to worry. The landlord has evicted one of the tenants and now they have to get someone else in to fill that space. 

In shared houses, each tenant has - or should have (even your two children should have their own) a separate agreement. So if one leaves, for whatever reason, it has nothing whatsoever to do with the other tenants. Other tenants' rent agreements have absolutely nothing to do with you. Or your children. 

A landlord will normally, to make things easier if possible, ask the tenants who are still in the property if they know of anyone who may want to move in. With students, there often is someone seeking alternative accommodation and it's better if they know who they're moving in with too.  

The landlord cannot make you pay rent for someone they have actually asked to leave. Or if someone has given the appropriate notice and moved out of their own volition. Or indeed if anyone defaults on their rent. It's not the other tenants' responsibility, it's the landlord's.

Unless you have specifically agreed to pay someone else's rent when they have been ousted or if they default, you really don't have anything to worry about. 

You said " 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." But it isn't up to other tenants or you to pay a share of another tenant's rent unless you have signed a contract to that effect. 

You are acting as a guarantor simply for your own two children, in case they fail to pay. You are not responsible for anybody else in that house. Unless, as I say, you have signed to that effect.

You also say "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."

Where is the written agreement you have signed? Because the landlord really cannot chase anyone else for the missing rent. If you have paid anything towards someone else's rent, then you must try to get it refunded.

Have you actually spoken to the landlord about any of this? Because it sounds as if you need to do so without delay.

I think you also need to speak to the Uni's accommodation department without delay. Hopefully they can help you to deal with the landlord. Just because your children and the other tenants are not renting from the uni accommodation office doesn't mean that they cannot help. Also try student services. 

If the landlord is new to this, then she needs to quickly bring herself up to date with the law on renting to students. Otherwise she may well find herself in court. 

Sorry this is long but please don't let this person bully you into paying for someone SHE has ousted. 

Thank you for your advice. Unfortunately it does appear that their tenancy agreement is a joint one. It isn’t explicit and written in a way that is open to interpretation. It’s only when you start to see things going wrong you go back to the agreement and see where they’ve got you. 

I didn’t in my wildest dreams think this would be the case. 

We all need this man out. He’s hurt my kids. His behaviour is out of control and he has to go. I’m grateful she’s thrown him out. Although it sounds as though she hasn’t done it legally. 

Your advice to go to student services is good. I’ll get my kids to do that but you know after everything I want to find out for myself where we stand. They’re still very distressed over what happened and I want to support them. There isn’t accommodation with my sons university he’s at a small music institute so that’s why they’re privately renting. 

I’ve spoken to the landlord I actually went to stay at the house to try and clean up the mess when this all happened. She isn’t clear what she’s planning on doing and we just don’t know if she’s going to chase us for the rent or not. I don’t know if the others are willing to pay their share or whether she can chase the kid who’s leavings guarantor. She says not. So does the agent she planned to use to re advertise the room. I’m reluctant to push things too much with her in case she sees that as me being willing or an easy target to get the rest of the rent from. Cause I think that’s how it works. 

The kids are advertising the room. But I’ve no idea whether she’s even allowed to fill it… there’s lots of things troubling us. 

rexmedorum

MumOfTwoStudents said:

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. 

Wait is it set up as a HMO, (everybody their own contract) or not (one contract with all names on it)?

Do not just assume but check the contracts because these details make a big difference and any advice you get on the wrong assumption may well be wide off the mark!

MumOfTwoStudents

rexmedorum said:

MumOfTwoStudents said:

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. 

Wait is it set up as a HMO, (everybody their own contract) or not (one contract with all names on it)?

Do not just assume but check the contracts because these details make a big difference and any advice you get on the wrong assumption may well be wide off the mark!

It is registered as an HMO on the
council's website. 

The tenancy agreement is an assured short hold tenancy. It says that right at the top. 

Is something amiss here? 

theoretica

While there are problems - to say the least - with the landlord evicting one of the people on an AST I wonder if there is a legal way around this.  If the *tenants* ask the landlord to kindly terminate their tenancy early does it need to be all the tenants together or just, say, six of them?  And depending on what agreement follows the terminated tenancy it might end the uncertainty about the 7th portion of the rent.

MumOfTwoStudents

theoretica said:

While there are problems - to say the least - with the landlord evicting one of the people on an AST I wonder if there is a legal way around this.  If the *tenants* ask the landlord to kindly terminate their tenancy early does it need to be all the tenants together or just, say, six of them?  And depending on what agreement follows the terminated tenancy it might end the uncertainty about the 7th portion of the rent.

Something needs to be done. It’s all up in the air. I think that’s my main problem. I need to get in touch with her but I need to know what to ask of her. This is a start. Thank you. 

[Deleted User]

MumOfTwoStudents said:

[Deleted User] said:

Help get someone in to replace the tenant by advertising the room asap. In general you are wise to stop and consider your overall liability but this is not a disaster. It's a standard situation. Get a new tenant and its fixed.

Once things are settled, sit down with a cuppa and ponder why being part of joint and several liability for thousands as a tenant or guarantor is unwise (although not uncommon I suppose).

Call me naive but since thousands of people are in this situation and presumably have no problems and there are few alternatives for students needing accommodation in a big university city I really didn’t read the tenancy agreement or guarantor agreement in this way it isn’t explicit anywhere about this type of responsibility and what it means. If thousands of people do this every year for their kids then why should I worry? 

I also didn’t expect my kids to be assaulted in this way by a friend they trusted. 

In fact I don’t earn enough to guarantee for the whole rent. Only that of my two which I’m prepared for. Why would I think that I could be liable for the whole rent for all 7? 

I won’t be doing it again. It’s ridiculous. Next year they get a two bedroomed place. 

As long as someone takes the room soon (and pays - we already had a rubbish payer as well as on the agreement before this issue) of course, it’s fine. I’m just trying to work out my worst case scenario. 

Like I said, replace the tenant and don't worry. Speak to the landlord who will clarify. If he demands full rent, presumably that is a 1/6 share from each tenant, and presumably a new tenant can be found within a month.

I wouldn't call you naive at all, but you don't have to look far on this forum to see how these arrangements can be problematic. 

Room only contracts is a better way, and where finances permit - a two bedroom.

Pixie5740

MumOfTwoStudents said:

[Deleted User] said:

Help get someone in to replace the tenant by advertising the room asap. In general you are wise to stop and consider your overall liability but this is not a disaster. It's a standard situation. Get a new tenant and its fixed.

Once things are settled, sit down with a cuppa and ponder why being part of joint and several liability for thousands as a tenant or guarantor is unwise (although not uncommon I suppose).

Call me naive but since thousands of people are in this situation and presumably have no problems and there are few alternatives for students needing accommodation in a big university city I really didn’t read the tenancy agreement or guarantor agreement in this way it isn’t explicit anywhere about this type of responsibility and what it means. If thousands of people do this every year for their kids then why should I worry? 

I also didn’t expect my kids to be assaulted in this way by a friend they trusted. 

In fact I don’t earn enough to guarantee for the whole rent. Only that of my two which I’m prepared for. Why would I think that I could be liable for the whole rent for all 7? 

I won’t be doing it again. It’s ridiculous. Next year they get a two bedroomed place. 

As long as someone takes the room soon (and pays - we already had a rubbish payer as well as on the agreement before this issue) of course, it’s fine. I’m just trying to work out my worst case scenario. 

Joint tenancy. It means you have joint and several liability and there’s no such thing legally speaking as your share. Each person named on the tenancy is legally responsible for paying the whole rent and is responsible for any damage caused to the property. 

The tenancy agreement will give the whole rent and not just your children’s share. 

The landlord, whilst well meaning, has illegally evicted this person. The best outcome would be to find someone new and the person who left agreeing to the tenancy being assigned to the new person.