Private Student Accommodation Guarantor done yearly? - child has since been suspended!!! panicking!

Midnight_Tboy

Hi, I hope this is in the correct area as wasnt sure where to put it

Hoping someone could please help advise on this, as trying to find the details but struggling, and in a mini panic. So in a nutshell, the last year we became Guarantor for my son for a properly in England, off campus, total cost per student (inc bills) for 6 people in the home was approx £460 each

This is the guarantor we filled in last year,

So, it transpires, as we're just finding out today that my son has been suspended from university since last month and his loans etc have been notified that he's no longer at the uni, and he's been burying his head in the sand (we found out by chance and confronted him today about it!). Obviously we may be stuck with covering his rent for this current year until June 25, which while is a drama, I am more concerned about the next year. It seems he's been trying to sort contracts etc to stay with his student pals for the 25/26 year while his heads still been buried in the sand, I dont yet know what stage he's got with that, but obviously I have alarm bells going off and worried I could be auto tied in for an additional year on top if he's signed something

So TLDR, I'm trying to work out, am I expected to have completed a guarantor form for the upcoming year for him too, or is there something in the wording that can make me liable to auto be guarantor each year?

5 and 6 is mainly has me wondering

This Guarantee shall not be revoked for so long as the Tenant remains a tenant of the Property nor shall it be revoked or discharged by my death or bankruptcy or the death or bankruptcy of any of us or the death or bankruptcy of the Tenant (or any other person who is a party to the Agreement).

However the details related to the original document are stating monthly payments from June 2024 to May 2025 etc.

I really hope its something that has to be done each year, but the legal speak in between has me worried that my son has screwed us over even more, when enough to deal with currently! (he is mid appealing but I cant see it going anywhere so I think the next step is tomorrow for him to look at starting a UC claim!)

I also then need to figure out, assuming he doesnt manage to appeal successfully (which I personally doubt), what he'd likely get on UC and whether it would cover his rent too in the short term for a shared private house rent place (6 students paying 460ish each - I think approx 130ish was the bills element)

I'm absolutely dreading if he's managed to complete this tenancy for 25/26 with my auto guarantoring it somehow. I was looking to retire early for ill health myself this year and live off savings but an extra 12 months on top of what I have to deal with is going to prevent that plan

Stressed is an understatement(!)

Flugelhorn

"I also then need to figure out, assuming he doesnt manage to appeal successfully (which I personally doubt), what he'd likely get on UC and whether it would cover his rent too in the short term for a shared private house rent place (6 students paying 460ish each - I think approx 130ish was the bills element)"

I doubt he could get funding for this as he wouldn't be living there. If he did live there, there would be the issue of becoming liable for council tax.

Midnight_Tboy

Flugelhorn said:

"I also then need to figure out, assuming he doesnt manage to appeal successfully (which I personally doubt), what he'd likely get on UC and whether it would cover his rent too in the short term for a shared private house rent place (6 students paying 460ish each - I think approx 130ish was the bills element)"

I doubt he could get funding for this as he wouldn't be living there. If he did live there, there would be the issue of becoming liable for council tax.

He does live there currently.  Just to clarify though, its not on campus uni accommodation, but off site a few miles away, 6 students house sharing type thing.  I think the council tax element is covered as part of the bills (its currently like £340 per month rent + £113 "bills" which includes electric and so on so I'd assume council tax is part of that).

Even if kicked out of uni for sure, and gets a job, would assume he'd be staying there until the end of whats paid, unless can get someone to take up the space he's got

Wyndham

Full time students are exempt from council tax. If he is stops being a student, then council tax will apply to him and he will have to pay it. Or rather, there will be a bill for the property because of him, and the household will be liable.

I'm sorry your son has been suspended, but that can happen for a few reasons. I hope you've spoken to him about it, and tried to support him in how to deal with it and what to do next. I'm sorry to say, that the tone of your post doesn't imply that you have, but I hope that's wrong. He will have a few options, and it would be worth him talking to student support at the University - they will be able to advise him on what to do next.

Midnight_Tboy

Wyndham said:

Full time students are exempt from council tax. If he is stops being a student, then council tax will apply to him and he will have to pay it. Or rather, there will be a bill for the property because of him, and the household will be liable.

I'm sorry your son has been suspended, but that can happen for a few reasons. I hope you've spoken to him about it, and tried to support him in how to deal with it and what to do next. I'm sorry to say, that the tone of your post doesn't imply that you have, but I hope that's wrong. He will have a few options, and it would be worth him talking to student support at the University - they will be able to advise him on what to do next.

Its been a brief talk about it after we discovered it, as he recently came home past few days for xmas, but found out shortly before he was going out with his friends.  To be honest, it's less about the leaving uni if its not right for him (I cant criticise that as I dropped out after 2 years), but about how we're going to sort the situation, as its away from home and the financial commitment, especially as it seems he's been trying to lock in for 25/26 in the house even after suspension with forms and such (which I'm hoping he's not signed anything yet).

From what I've managed to gather, he was suspended early November (I think from not attending most of the time, cos he's either out, or gaming) but had been doing his work.  He said he's appealed it but hasn't been getting any contact from them etc.  I just can't see how he could have been suspended after a little over a month into the new academic year, but potentially be allowed back in after 2+months if successful appeal, as he'd have missed significantly more across the time.

It would have been less bad in a sense but seems he's been trying to secure staying at the accommodation even over the past couple of weeks, for the next year June 25 onwards with his friends and the lettings agency, but I think he's not yet completed the forms (hence me worrying about if they can get me locked in for 25/26 without me saying yes, as it looks like they may also be hammering on a rent increase on top too, that could mean I could be paying 18months of rent

I wish he'd brought this up beforehand, we'd have helped him with the appeal, and put a stop to him applying for accommodation for next year etc, but he hid it (we only found out cos other half found letter in the bin while she was emptying it!)

Of course I'm mad, as its very fresh, past few hours, but trying to plan damage control while I'm trying to calm down.  I'm also aware he'll be expected to pay back most of this terms maintenance loan too, but cross that path when comes to it. 

Midnight_Tboy

I think "suspended" may possibly be the wrong thing too but think its more they've removed him for non attendance, unregistered or whatever, but I guess yet to be revealed as I get the full details (It just baffles me as early or mid November seems incredibly quick for this to happen in a fresh uni year if its true what I've been told so far - based on my own past experiences but going back to late 90s early 00s)

Flugelhorn

Midnight_Tboy said:

Flugelhorn said:

"I also then need to figure out, assuming he doesnt manage to appeal successfully (which I personally doubt), what he'd likely get on UC and whether it would cover his rent too in the short term for a shared private house rent place (6 students paying 460ish each - I think approx 130ish was the bills element)"

I doubt he could get funding for this as he wouldn't be living there. If he did live there, there would be the issue of becoming liable for council tax.

He does live there currently.  Just to clarify though, its not on campus uni accommodation, but off site a few miles away, 6 students house sharing type thing.  I think the council tax element is covered as part of the bills (its currently like £340 per month rent + £113 "bills" which includes electric and so on so I'd assume council tax is part of that).

Even if kicked out of uni for sure, and gets a job, would assume he'd be staying there until the end of whats paid, unless can get someone to take up the space he's got

there will be no council tax included in the bills as full time students don't pay it - even if living off campus. Students usually have to produce a chit for the council tax dept to say they are students and get an exemption - or they state they are students and then the council checks with the Uni   

Some students become liable for council tax if the course finishes in say May / June one year and their accommodation contract is to the end of the summer https://www.theguardian.com/money/article/2024/jun/29/council-tax-final-year-students-warned-they-could-get-surprise-bills

If your son isn't a student a bill will be produced for the household and he will be the only one liable to pay - presume he can get the 25% single person discount as the only one liable?   Better to maybe find another student to take the place if possible, there are sometimes people who want to move at the end of the first term.  Is he likely to be able to earn more there than at home?

It is very difficult when this happens at uni and you haven't got all the info - guess it is probably hard to get info from him but presume they must have warned him? Have you checked on the suspension / appeal process etc for his Uni ? 

silvercar

Re council tax.

If all 6 of the tenants have individual contracts, then it is a HMO and the landlord is liable for the council tax. It would be exempt if all 6 are students. Whichever way round, you can guarantee that a landlord letting to students didn’t intend footing a council tax bill and would seek to pass this on to the non-student.

If it is a group tenancy ie one tenancy agreement covering all 6 students then the tenants are liable for the council tax, but if all the other tenants are students they can’t be held liable for council tax and are themselves exempt. Your son would therefore be liable for the council tax for the whole house with a single person discount as the only non liable person in the house. One of the key indicators of whether a house share is as a group or as individuals is locks on bedroom doors. 

  

The bills included would cover electric, gas, water, any communal cleaning or gardening the landlord does and possibly also broadband, TV and a TV licence.

Looking at the document you posted, it seems like a group tenancy to me. Your son needs to move out if he’s not going to continue as a student and surrender his tenancy (even if he remains liable for the rent until a substitute is found). Otherwise his council tax bill could be big.

HampshireH

Few things jump out here. Suggesting he apply for UC.....fine but why hasn't his first priority been getting a full time job.

Loads of xmas staff going even if just temporary whilst he looks.

You said you found out when he was on his way out with friends. Sounds like this is a life lesson he is not learning. How can he afford to go out with friends if he can't afford his rent.

I think a longer convo is needed here and with that you'll need to hold firm about him telling you how he intends to pay his rent.

How going out with friends and gaming isn't his priority and he needs to grow up, wake up and join the real world.

Sounds harsh? Yup but so is not turning up to uni and expecting your parents to bail you out

Midnight_Tboy

HampshireH said:

Few things jump out here. Suggesting he apply for UC.....fine but why hasn't his first priority been getting a full time job.

Loads of xmas staff going even if just temporary whilst he looks.

You said you found out when he was on his way out with friends. Sounds like this is a life lesson he is not learning. How can he afford to go out with friends if he can't afford his rent.

I think a longer convo is needed here and with that you'll need to hold firm about him telling you how he intends to pay his rent.

How going out with friends and gaming isn't his priority and he needs to grow up, wake up and join the real world.

Sounds harsh? Yup but so is not turning up to uni and expecting your parents to bail you out

Flugelhorn said:

Midnight_Tboy said:

Flugelhorn said:

"I also then need to figure out, assuming he doesnt manage to appeal successfully (which I personally doubt), what he'd likely get on UC and whether it would cover his rent too in the short term for a shared private house rent place (6 students paying 460ish each - I think approx 130ish was the bills element)"

I doubt he could get funding for this as he wouldn't be living there. If he did live there, there would be the issue of becoming liable for council tax.

He does live there currently.  Just to clarify though, its not on campus uni accommodation, but off site a few miles away, 6 students house sharing type thing.  I think the council tax element is covered as part of the bills (its currently like £340 per month rent + £113 "bills" which includes electric and so on so I'd assume council tax is part of that).

Even if kicked out of uni for sure, and gets a job, would assume he'd be staying there until the end of whats paid, unless can get someone to take up the space he's got

there will be no council tax included in the bills as full time students don't pay it - even if living off campus. Students usually have to produce a chit for the council tax dept to say they are students and get an exemption - or they state they are students and then the council checks with the Uni   

Some students become liable for council tax if the course finishes in say May / June one year and their accommodation contract is to the end of the summer https://www.theguardian.com/money/article/2024/jun/29/council-tax-final-year-students-warned-they-could-get-surprise-bills

If your son isn't a student a bill will be produced for the household and he will be the only one liable to pay - presume he can get the 25% single person discount as the only one liable?   Better to maybe find another student to take the place if possible, there are sometimes people who want to move at the end of the first term.  Is he likely to be able to earn more there than at home?

It is very difficult when this happens at uni and you haven't got all the info - guess it is probably hard to get info from him but presume they must have warned him? Have you checked on the suspension / appeal process etc for his Uni ? 

Thanks all, I haven't been able to see yet any of the details of the reason of suspension etc, my only clue in this nightmare beginning has been letter for SLC saying that they've been notified, and will be in touch if (when repayments needed) 

We need a big discussion with him today, tomorrow was also v bad timing as his birthday too and just as he was heading out, we were torn on wether to confront him but had to, so its a tense time today as the talk appraches

Yes I 100% agree that he needs to be getting a job as the most preferable thing, the poss UC was just like a "we need to start something", we've pushed him to do that for ages..but.....yeah(!)  Now the sh** has hit the fan and he's put us, and him in one hell of a pickle

In his head he thinks he's going to be successful at appeal cos he wants to stay at uni and with his friends there etc (all I know is that he'd been having to get statements from people to submit - but then something about the uni haven't been getting back to him - and also his phone stopped making and receiving calls cos of this 3G switch off and incompatable phone etc).  Of course I hope he would be successful, but I cant fathom how fast it took them to dismiss/suspend him, vs how long its been since and no clue whats happening, on top of that SLC appear to have been notified in my head suggests that this is their final decision (or he took too long to appeal).  He was hoping his appeal would be sorted, and not have to tell us, but yeah it seems like the appeal is 6 weeks or more through at moment based on him suggesting it happened early Nov

And I'm 100% with you on the needs to grow up and join the real world!, re the going out, it was just to his friends for D&D,he'd already gone out before we'd seen this, and we asked him to "pop back to discuss something"

Fun times(!)

HampshireH

Goodluck 😊