Who pays rent in student house when one student is evicted

nimbo

While the bail conditions are in place has the tenants room been emptied at all? 

The police are unlikely to keep the bail conditions in place until a court date. (They are under pressure to not renew them and court dates can be a while to arrive). 

was thinking if they have emptied their room (through a a third party due to conditions) it may signal they do not intend to return??? 

Do you know if they are still even going to uni? 

MumOfTwoStudents

nimbo said:

While the bail conditions are in place has the tenants room been emptied at all? 

The police are unlikely to keep the bail conditions in place until a court date. (They are under pressure to not renew them and court dates can be a while to arrive). 

was thinking if they have emptied their room (through a a third party due to conditions) it may signal they do not intend to return??? 

Do you know if they are still even going to uni? 

His dad has emptied the room. Don’t know if they’re going to uni. It’s a small uni so will be hard to avoid people he’s meant to keep away from. He’s at his parents home but he could commute. 

I was thinking the same thing re bail conditions lasting too. 

Judging by his dads response to the events this isn’t the first time this has happened so I think he will probably try to keep him away from other people until he can control himself. That could  go either way. A falling out causing him to return or hopefully he keeps away and he sorts himself out. 

doodling

Hi,

MumOfTwoStudents said:

nimbo said:

While the bail conditions are in place has the tenants room been emptied at all? 

The police are unlikely to keep the bail conditions in place until a court date. (They are under pressure to not renew them and court dates can be a while to arrive). 

was thinking if they have emptied their room (through a a third party due to conditions) it may signal they do not intend to return??? 

Do you know if they are still even going to uni? 

His dad has emptied the room. Don’t know if they’re going to uni. It’s a small uni so will be hard to avoid people he’s meant to keep away from. He’s at his parents home but he could commute. 

I was thinking the same thing re bail conditions lasting too. 

Judging by his dads response to the events this isn’t the first time this has happened so I think he will probably try to keep him away from other people until he can control himself. That could  go either way. A falling out causing him to return or hopefully he keeps away and he sorts himself out. 

If his room has been emptied and his dad is used to this kind of thing then gently encouraging his dad to get the tenant who has left to write a letter to both the other tenants and the landlord saying that he has left, has taken his stuff and won't be going back to that property would leave everyone in a much better position to move forward.

Such a letter would mean that the tenants and the landlord would no longer be at risk of legal action if the room was let to someone else (although the landlord may still be on the hook for an illegal eviction depending on exactly what was said between them and the tenant who has left) and all that is left to sort out is how the gap in the finances is filled and the signing of a new tenancy agreement.

As others have said, involving the university / student union accommodation resources might help with either convincing all remaining tenants to pay 1/6, or finding someone to fill the gap.

dimbo61

The tenant who has left assaulted one or some of the other tenants and has now left the house and is out on bail.
Dad has cleared the room of his belongings and both " Tenant " and Guarantor ( Dad ) are still liable for the rent. 
Would you be happy if the Tenant returned ?
I hope the other tenants can find a replacement tenant that they are happy to live with.
I think the Landlord may have to take the hit on the rent.

MumOfTwoStudents

dimbo61 said:

The tenant who has left assaulted one or some of the other tenants and has now left the house and is out on bail.
Dad has cleared the room of his belongings and both " Tenant " and Guarantor ( Dad ) are still liable for the rent. 
Would you be happy if the Tenant returned ?
I hope the other tenants can find a replacement tenant that they are happy to live with.
I think the Landlord may have to take the hit on the rent.

I see it that way too. I think this is extraordinary so she may have to suck it up. All the other tenants have been assaulted and a very distressed. On top of that  they could be subjected to paying for his room. 

No. The tenant returning is not an option for us. It’s an expensive 2 hour each way train journey. But I’d rather they commuted to university then live with him again. What he did was terrible. 

I think awol tenant and dad should pay the rent. If they find a replacement tenant then ask the landlord to do a new tenancy agreement - assuming all current tenants agree. Can’t see why the remaining 6 wouldn’t. This AWOL tenant should also agree if it saves him being chased for the rent. 

MumOfTwoStudents

does anyone know about this? 

https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/34

elsien

That looks like joint tenants as in how a house is owned, rather than anything to to with landlords and tenancy law. 

theoretica

Morally, I agree that the miscreant tenant should pay.  Legally, the landlord can chase any or all of the tenants and guarantors if the tenants don't sort out paying the full rent between them.  My suggestion would be for your kids to informally sound out the other four students in what attitude they would take if the landlord does demand the full rent from the 6 of them.

Also - whose name are the utilities in?  It any are in this person's name they will need to sort that.

elsien

Plus asking the landlord to explain precisely why the agent has said the tenant/guarantor isn’t liable and they can’t chase them for the money. 
I’m in the camp that if they’ve gone down the illegal eviction route, they should carry the can fir the shortfall till it’s resolved. 

MumOfTwoStudents

theoretica said:

Morally, I agree that the miscreant tenant should pay.  Legally, the landlord can chase any or all of the tenants and guarantors if the tenants don't sort out paying the full rent between them.  My suggestion would be for your kids to informally sound out the other four students in what attitude they would take if the landlord does demand the full rent from the 6 of them.

Also - whose name are the utilities in?  It any are in this person's name they will need to sort that.

Yes. That’s the plan. We leave the tenancy as it is and lay low to imply we fully expect the awol tenant/guarantor to pay the rent or landlord to suck it up. 

In the meantime we look for a replacement tenant and only when one completes an application we get the tenancy changed to accommodate them. Can’t see anyone objecting. Even AWOL guy who’s paying for a room he can’t live in. 

If we don’t find one. We insist that the tenancy remains for  the original 7 to keep him liable for the share of rent. If we go down to 6 - obv only with his consent - then we immediately become liable for his share. Unless landlord takes this on. I’d doubt it. 

There’s a monthly package with an individual agreement for bills. I’m unsure how it works as my kids set it up. I should really check it. But they say it’s individual. No one else responsible. 

We’ve tried to contact other guarantors and no one seems to appreciate the issue we could be facing here. They really believe they’re accountable for only their tenants ‘share’. I tried to tell the other tenants myself what could happen and what we need to agree to. I’m not convinced they believe me. But I’m always one to preempt the worst case. Hopefully theyll start to realise. I’m not there now so it’s down to my kids.