Ending joint & severally liable tenancy early

Tank40

Daughter and boyfriend have signed up for academic year 2025-26 in a jointly and severally liable tenancy close to her Uni, now he wants to live closer to his Uni which is in the next town(he drives, she does not).

The boyfriend believes they will just lose their deposit. Contract states they are liable until new tenants can be found so I think the landlord won’t make any effort to find new tenants as they can be held liable for the full contract length (agency also had trouble finding tenants before daughter & BF came along, it's a bit tatty).

They haven’t approached the LA yet, still wondering what options/strategies there are, like daughter staying in the flat anyway and us trying to claw money back from BF. Obviously if he takes himself off the contract, her contract ends too. 

My worry is that if the LL does not find new tenants, they will hold us for the year’s rent and as the liability is joint & several, who would they go after if not equally? Both sets of guarantor parents are (as far as we know) solvent.

Need a bit of damage limitation help, ideas how best to do this.

TIA

Flugelhorn

When students leave a rental mid year, they are usually liable for the rent unless someone else takes it on - but looks like they haven't even started the rental yet ? 

Most places accommodation is in short suppy - if the landlord isn't going to try to find a replacement then maybe they should try to find one themselves 

FlorayG

I don't know about student lets specifically but if they are similar to an AST then yes, if they have signed the contract then both are liable for the whole rent for the period of the contract unless they can make a deal with the LL

GrumpyDil

He can't take himself off the contract or end it whilst they are still in the initial rental term.

That said have they actually signed the tenancy agreement and have you executed the guarantor agreement as a deed yet or have they just paid a holding deposit.  It may be where my daughter was but I can't recall ever having a completed and signed tenancy in place this early in the year when my daughter was at uni. 

GDB2222

Academic year 2025/26? You mean the year commencing September 2025? And, they have already signed the contract and paid the full deposit in March? 

Mr.Generous

I guess the Renters Rights Bill will be in force by the end of the year, but I haven't read up on the student accomodation parts as they don't effect me. It may well be that it will allow 1 months notice - read up on it.

Flugelhorn

Mr.Generous said:

I guess the Renters Rights Bill will be in force by the end of the year, but I haven't read up on the student accomodation parts as they don't effect me. It may well be that it will allow 1 months notice - read up on it.

did they amend those ? I know there was some discussion about landlords and students wanting to carry on with the one year thing but not sure what happened 

artyboy

GDB2222 said:

Academic year 2025/26? You mean the year commencing September 2025? And, they have already signed the contract and paid the full deposit in March? 

Are you aware of just how in demand student lets are? My eldest had her second year's accommodation all signed and sealed by January, and even then she wasn't quick off the mark...

saajan_12

Mr.Generous said:

I guess the Renters Rights Bill will be in force by the end of the year, but I haven't read up on the student accomodation parts as they don't effect me. It may well be that it will allow 1 months notice - read up on it.

From my understanding, there is a proposed ground for eviction specifically for landlords renting to students. So the LL could issue an eviction notice 4 months ahead of the end of the year / start of the new year, provided the property is let solely to students. 

I've not seen anything that guarantees a minimum 10 or 12 month term.. so unlike the current fixed terms, in the new world, a LL could issue an eviction notice because they are selling half way through the year, which is worse for students. 
It also doesn't explain how the LL would prove the tenants are students, or what they are supposed to do if a student quits studies halfway through the year. 

theartfullodger

There is a contract they signed which specifies some things they are liable for - like paying the rent.  Just moving out or changing their minds doesn't change that.  They should read contract - carefully - then worry... Landlord does not have to sort the mess out & find new tenants (but may choose to..). Negotiate with landlord/agent, likely to cost £££££ 

Expensive lesson learned.

Tank40

GrumpyDil said:

He can't take himself off the contract or end it whilst they are still in the initial rental term.

That said have they actually signed the tenancy agreement and have you executed the guarantor agreement as a deed yet or have they just paid a holding deposit.  It may be where my daughter was but I can't recall ever having a completed and signed tenancy in place this early in the year when my daughter was at uni. 

The LA approached them must've been Nov 2024 and said did they want it for the following academic year, otherwise it was going to go back on the market. They agreed and signed up and I am her guarantor. But having spent a Winter there, the BF has changed his mind (it's probably complicated) and I also have questions about the EPC (which had expired before the first contract was signed and seems to have to high a grading in the one the LL got done in Nov 2024 https://forums.moneysavingexpert.com/discussion/comment/81345363)