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Anyone knowledge on ten any agreements?

(19 Posts)
Emptynestx2 Thu 12-May-16 12:34:24

Any advice would be appreciated: my daughter and friend have a shared tenancy with two boys. They have all signed the agreement for one year but the boys have decided they want to leave early. Can they sublet their rooms legally and can the girls decide who lives with them or can the boys let the rooms to anyone they like? I'm worried about security etc.

strongandlong Thu 12-May-16 12:42:32

It depends on the tenancy, I think. There some info from Shelter here.

How early do the boys want to move out?

specialsubject Thu 12-May-16 12:43:47

Depends on what the agreement says, if it is an HMO, if the landlord lives there, etc etc. If it is a jointly liable a s t then the boys can leave but need to keep paying. As they won't, your daughter needs to get on to the landlord now.

Emptynestx2 Thu 12-May-16 12:50:26

*Tenancy Agreements!

Emptynestx2 Thu 12-May-16 12:54:26

They want to leave next week. It is a four bed private let via an agency, I'm trying to get DD to call the agency now to make sure it's all above board but she's in work and not allowed personal calls. All four names are on the agreement so I was hoping they would need written permission to leave and hope the girls can choose who they want to live with.

Whatthefreakinwhatnow Thu 12-May-16 12:57:07

Times might have moved on a bit as we are talking 13 odd years ago now, but I was in a house share like this, one of the lads was found to be a thief and we told him to leave- the agents were happy for us to find another tenant (providing they passed the checks etc) but we had to cover the rent between the rest of us in the meantime.

Emptynestx2 Thu 12-May-16 13:01:49

I think the boys will be liable for the rent as its their decision to leave and they signed the agreement. They house was let as a whole and not per room if that makes a difference.

strongandlong Thu 12-May-16 13:14:54

If the boys default on the rent, the girls will be liable. They should get hold of then landlord ASAP to agree how they can fill those rooms.

Emptynestx2 Thu 12-May-16 13:25:24

Why would they be liable, they all had to provide references and have credit checks.

specialsubject Thu 12-May-16 13:31:28

If the agreement says they are jointly liable then that is what it means. The boys may think contracts are for little people but it doesn't work like that.

Emptynestx2 Thu 12-May-16 13:43:38

I hope it's ok, trying to get her to call them now. You never stop worrying about your children do you?!

specialsubject Thu 12-May-16 13:45:29

Its your job !

marmaladegranny Thu 12-May-16 13:55:19

This happened to my DS - one of the other boys in the house share left (went overseas) and left the rest of the housemates to pick up the rent bill until they could fill the room.
Hope you DD's fellow sharers are more honourable.

DooblieDooo Thu 12-May-16 14:02:32

If they all signed a joint tenancy then unfortunately they are all responsible.

Technically they should all know each other, ie not just rent a room each like students. Some landlords do this to get round the whole HMO and the licenses required.

We would have 1st year uni students who had never met each other rent a house as a whole when in fact they were renting a room. The landlord would supply the a whole house tenancy agreement and the students would sign it not knowing the implications.

In simple terms, I used to bill council tax. The bill is a joint and several liability. I don't care if Mrs pays all of it and Mr is a SAHD earning no money, he is just as liable for the bill if Mrs doesn't pay it. The same applies to whole house tenancy. It doesn't matter how many names are on the bill, if they can chase 1 person and get all the monies owed by 4 people, they will. Sorry.

How old is your daughter?

Emptynestx2 Thu 12-May-16 14:26:08

Thanks for the messages, it's not looking good is it unless they can find someone else quickly. It doesn't help that the landlord is rubbish and house is in a bad state of repair. My DD is 23 as is her friend and both new to London. We live overseas at the moment.

specialsubject Thu 12-May-16 14:41:44

Plenty of legal avenues available to enforce standards. Gas safe? Deposit protection? Epc? All info given?

Emptynestx2 Thu 12-May-16 14:52:12

I think they have dealt with safety issues but they have a hole in the ceiling and various issues with decor. They very much want to be independent so I get bits of information as and when! I'm very good at worrying about my dc's, I could make a career out of it!

Emptynestx2 Fri 13-May-16 20:34:28

So the agency have said that the girls won't be responsible for the rent but the boys are now saying that the girls must make a decision on new tenants by Sunday - anyone know if the leaving tenants can have a say on who lives in the house? I'm obviously worried they could end up with someone who isn't right if they have to decide with only 3 days notice!

specialsubject Fri 13-May-16 21:00:28

It is the landlord that decides - references, credit history, guarantors , stuff like that.

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