Being pursued by student accommodation landlord despite never living there or having guarantor

nosleep09

Hi,

I'm hoping someone can't give me some advise regarding an issue my son has. He was attending Winchester University and living on campus for the first year of his degree. Near the end of the first year he decided he was going to live off capmus in the second year and found accommodation from a landlord who got him to sign a pre contract but required a guarantor from him in order to move in.  Both me and his mother were unable to be a guarantor, so he was in the process of asking his grandmother to act as one for him, but it never got as far as him getting one as he decided against moving in to the accommodation. He told the Landlord, who stated that he would still be liable to pay the rent unless he could find another student to take his place. He was unable to do so and this landlord is now perusing him for rent arrears for somewhere he never lived and never had a guarantor for, how is this legal? Is there anything we can do? the landlord sent a letter stating owes £4500 and will be pursued in court if he doesn't pay

Brie

The fact that he never lived there would probably be considered immaterial.  What is important is whether they have a contract.

So I'd be gathering up all the evidence around what happened.  Signed precontract but with paperwork that says it's not binding until a guarantor has signed.  Emails from son to LL stating he can't get a guarantor.  Response, if any, from the LL.  

Then presumably he might have moved in or the tenancy agreement began in September?  And there was no deposit paid and no rent paid.  And the LL never chased him?  For 8 months?  That is not normal LL behaviour as far as I'm aware.  Normally they'll get twitchy if rent isn't received on time each and every month.

So my suspicion is that should this LL decide this is a matter for the courts he will have to explain this lack of concern for 8 months that no money was received.  

I wonder also if the LL did manage to rent the property to someone else and is simply chancing that your son (or you or grandma) will pay up at least a portion of this.  Is there any way son can find out if someone lived there?  Possibly they were a bad tenant and didn't pay their rent and LL is looking for a way to cover himself.  

Voyager2002

He should speak to the welfare adviser at his student union, who will be familiar with this kind of case. 

IMHO the landlord cannot be serious. Since there was no guarantor the landlord had not offered the accommodation, so the contract is defective. There are also questions about the landlord's obligation to mitigate his losses. These are interesting legal issues and would probably involve a court case costing tens of thousands of pounds: your son's costs would be covered by legal aid but the landlord would be responsible for his own legal costs, and possibly those of your son as well! He would be crazy to take this as far as court.

DullGreyGuy

nosleep09 said:

I'm hoping someone can't give me some advise regarding an issue my son has. He was attending Winchester University and living on campus for the first year of his degree. Near the end of the first year he decided he was going to live off capmus in the second year and found accommodation from a landlord who got him to sign a pre contract but required a guarantor from him in order to move in.  Both me and his mother were unable to be a guarantor, so he was in the process of asking his grandmother to act as one for him, but it never got as far as him getting one as he decided against moving in to the accommodation. He told the Landlord, who stated that he would still be liable to pay the rent unless he could find another student to take his place. He was unable to do so and this landlord is now perusing him for rent arrears for somewhere he never lived and never had a guarantor for, how is this legal? Is there anything we can do? the landlord sent a letter stating owes £4500 and will be pursued in court if he doesn't pay

What does the "pre-contract" state? I suspect there is nothing pre about it and it is simply a tenancy agreement. 

Have you seen if the landlord has been marketing the property? Letting student accommodation mid term, or anything other than before the start of the first term of the year is difficult. 

nosleep09

Thanks for the Answers and sorry for the late reply, Ive been waiting for the relevant information to arrive. this is a portion of the tenancy agreement relating to Guarantors. It states ' Each named tenant 'must' have a guarantor' - thoughts?