Student Accomodation

olgadapolga

My daughter rented a house, along with three other students, for a year (to end in August 2022). She's had some health difficulties and has had to leave her course and come home as she is unwell and has no income.

My daughter she hasn't paid her rent since November. She advised the LL that she was struggling and would be able to pay November's rent but not December onwards due to no income. The LL asked her to clear her room so that he could re-market it, stating that he had people who wanted a room immediately. We  cleared/cleaned the room before the December payment would have been due.

The LL has now asked for November's and December's rent and says that the tenancy will end once another person takes the room. This to me is perfectly fair as she was contracted until August. in fact, I think that she's getting off lightly. My daughter doesn't agree, as the LL asked her to clear the room. She also says that she didn't sign the contract but someone digitally forged her "signature". I told her that the fact she'd used the room constituted a contract.

She's adamant that she shouldn't pay anything at all, except the difference between her deposit and the rent payment for November. I disagree with this and told her that I was not getting involved anymore with the issue as I think that she's wrong (including morally). Her dad is siding with her so I've told them to get on with it.

Just wondered if anyone could give some advice on this issue so that I can go back to my husband/daughter about it, before they make a serious mistake.

lookstraightahead

Oh no what a difficult situation for you to be in. It sounds like you're right, she did get off lightly. She's actually used the room so it's not like she didn't agree to it!

Are you a guarantor ? If you are, you can be chased for the money.

Not sure what her Dad is thinking as it's not going to affect his record (unless he too is a guarantor) 

TripleH

I agree with you.

You can agree to the terms of a contract by your behaviour. If it went to court the judge would rule the contract was accepted by your daughter occupying the room (contract law, not sure specific case, possibly invitation to treat, but not a solicitor).

Whilst she has cleared the room, as long as she is paying rent, she can go back and occupy the room. The landlord suggested emptying it to make it look attractive to potential renters.

Edit : it also doesn't matter what she thinks, she cannot dictate the terms as she is breaching the contract. Likewise if the landlord breached the contract, they could not dictate the terms of the breach. The landlord appears to be being reasonable so far.

TheJP

I can see this going two ways. The LL takes out a CCJ to recover Decembers rent or he wait recover the full tenancy cost up to August. Either way your Daughter wont come out lightly and this would surely further impact her health.

MaryNB

Your daughter got lucky he agreed to both find a replacement tenant and only charge her rent until the end of December. Under the Tenant Fees Act he's entitled to charge for remarketing costs as well. 

The LL was guaranteed rent until the end of August and is entitled to charge for any rent lost - which means any rent due until a replacement tenant is found. 

eddddy

Do all the tenants have joint and several liability? Are all the parents guarantors?

If so, the LL can chase any of the tenants and/or guarantors for the unpaid rent.



FWIW, in a similar situation I came across, the LL sent a letter to all the guarantors (i.e. all the parents of the all students in the house), stating that a particular person hadn't paid their rent and they might start pursing the guarantors for the money shortly.

So then there was an avalanche of angry phone calls from all the other parents to the defaulting student and their parents. And the unpaid rent was quickly paid by the defaulting student.

lookstraightahead

eddddy said:

Do all the tenants have joint and several liability? Are all the parents guarantors?

If so, the LL can chase any of the tenants and/or guarantors for the unpaid rent.



FWIW, in a similar situation I came across, the LL sent a letter to all the guarantors (i.e. all the parents of the all students in the house), stating that a particular person hadn't paid their rent and they might start pursing the guarantors for the money shortly.

So then there was an avalanche of angry phone calls from all the other parents to the defaulting student and their parents. And the unpaid rent was quickly paid by the defaulting student.

I always worried about students not paying. Thankfully all my DDs housemates did, even when one left.

lookstraightahead

Op, did your daughter not take out a student maintenance loan? 

Snookie12cat

olgadapolga said:

My daughter rented a house, along with three other students, for a year (to end in August 2022). She's had some health difficulties and has had to leave her course and come home as she is unwell and has no income.

My daughter she hasn't paid her rent since November. She advised the LL that she was struggling and would be able to pay November's rent but not December onwards due to no income. The LL asked her to clear her room so that he could re-market it, stating that he had people who wanted a room immediately. We  cleared/cleaned the room before the December payment would have been due.

The LL has now asked for November's and December's rent and says that the tenancy will end once another person takes the room. This to me is perfectly fair as she was contracted until August. in fact, I think that she's getting off lightly. My daughter doesn't agree, as the LL asked her to clear the room. She also says that she didn't sign the contract but someone digitally forged her "signature". I told her that the fact she'd used the room constituted a contract.

She's adamant that she shouldn't pay anything at all, except the difference between her deposit and the rent payment for November. I disagree with this and told her that I was not getting involved anymore with the issue as I think that she's wrong (including morally). Her dad is siding with her so I've told them to get on with it.

Just wondered if anyone could give some advice on this issue so that I can go back to my husband/daughter about it, before they make a serious mistake.

You and the landlord are right. She is liable until someone replaces her in the contract. He is remarketing it so it doing all he can. Your daughter has breached the contract by leaving and in doing so needs to accept this is the consequences. 

pinkshoes

Your daughter is not in a position to argue and is lucky to have a LL that is willing to help.

By emptying her room it means it is available asap if the LL finds someone. A filled room would be less attractive to anyone looking.

If she is unhappy with his suggestion she can just pay the rent for the entire year.

One of my housemates dropped out in the first term of Year 2 and had to pay for the full year!

Murphybear

TheJP said:

I can see this going two ways. The LL takes out a CCJ to recover Decembers rent or he wait recover the full tenancy cost up to August. Either way your Daughter wont come out lightly and this would surely further impact her health.

The LL can’t take out a CCJ.  He can take her to court and the judge can award a CCJ.