Assured Shorthold Tenancy Agreement

MobileSaver

gazfocus said:

So, you need to query where the extra £428 has come from. 

It's worth querying but the increase is possibly to cover the additional costs for the LL/EA having to credit check another tenant and redrafting the contract etc.

newsgroupmonkey_

I'm intrigued by the way. If you've been paying half rent for June and July, quite what do you get for this if you're not allowed to enter the property? It sounds very "holding deposit" like.

Mstty

SiliconChip said:

Mstty said:

It's going to be a bit like this unless you detail everything, like pulling teeth so don't get frustrated when assumptions are made when you suggest you are the only only on the hook for the increases.

You continue to miss the point, which is that if the landlord needs to pursue someone for arrears that can be all of the tenants, all of the guarantors, or crucially just one of the guarantors for the entire amount, which is what the OP is concerned about. As an extreme example, say all of the tenants and the other three guarantors decided to emigrate at the same time, the only person left to pursue in the UK for the whole of the debt would be the OP, and they would indeed be liable for it.

That's fine if you read the responses the OP is not the only guarantor which is the point I was making they are not solely responsible for all the money and the increase.

Regardless now there is a change of terms and a new contract then there are options for the OP.

Anyway it looks like we may not get the full facts as to whether there are 3 now 4 guarantors for the new contract etc. 

SanMat

On the current contract, there are 3 tenants each with a guarantor.  On the new contract there will be 4 tenants each with a guarantor.
It's our first time having to navigate students rental agreement, and so I (as a guarantor) am looking for reassurance than my daughter isn't being fleeced by the rental agency with this new contract.

There are discrepancies on the new contract that I'm querying, such as a £200 deposit than my daughter has already paid on the original contract. (surely she can't be expected to pay this twice! ) 

I'm also trying to negotiate for the July and August money to be credited back as she's not even moved in yet.  The agency told her she had to pay this retainer in July and August at half rent and could move in from 01/09 from which time the full rent payments start.  The new tenant isn't asked to pay the retainer, yet can move in on the same date as my daughter.
BTW, this July and August retainer is common practice nowadays, for student rentals!

If they agree to the above, then I don't see any issues with signing the new contract with the 4th tenant.

propertyrental

Stick with the existing tenancy, the existing rent, and the existing arrangement.

Let the new 'occupant' move in, not as a joint tenant, but as a lodger, paying rent to the the 3 existing tenants.

Just be careful about their obligations as resident landlords towards their 'lodger'.

Post 10: Lodgers: advice & links for landlords & lodgers

SanMat

propertyrental said:

Stick with the existing tenancy, the existing rent, and the existing arrangement.

Let the new 'occupant' move in, not as a joint tenant, but as a lodger, paying rent to the the 3 existing tenants.

Just be careful about their obligations as resident landlords towards their 'lodger'.

Post 10: Lodgers: advice & links for landlords & lodgers

That would be the best solution, however there is a clause in the contracts that sub-letting isn't allowed. 

RAS

They are not sub-letting if a lodger moves in.

propertyrental

'sub letting' would be if the 3 of them moved out and let one or more totally new tenants move, with an AST between them, and not involving the 'higher' landlord.

A 'lodger' would not have a tenancy at all, they would have a licence to occupy (granted by the 3 tenants). Such a licence would be excluded from (most) Rent Act protection.