To worry about my son's "joint and several" tenancy agreement?

78 replies

mozzybytes · 11/07/2023 21:01

My son is going into Year 2 of uni and has found a student flatshare in London with 4 friends. I will be paying his rent and will be his guarantor for this and any further liabilities. It is a "joint and several" liability tenancy agreement which means that all tenants/guarantors are collectively responsible e.g. if one or more tenants doesn't pay their share of the rent or causes any major damage. I understand this type of tenancy agreement is very common these days, but it worries me. Aibu?

OP posts:

Cat3i · 13/07/2023 17:57

This is standard - eg it's in the government model agreement
https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy
which is linked to by Shelter
https://england.shelter.org.uk/housing_advice/private_renting/what_to_look_for_in_your_tenancy_agreement

You can ask your child for the contact details of the other tenants and/or their guarantors - the agent or landlord is not legally entitled to give you their information any more than they are to share yours with other 3rd parties.

Other alternatives are renting a room in a shared house (House in Multiple Occupation), or sole occupancy.

Hope they invite you to the house-warming!

Model agreement for a shorthold assured tenancy

A model tenancy agreement for use in the private rented sector where a shorthold tenancy is being entered into, and accompanying guidance.

https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy

WomblingTree86 · 13/07/2023 17:58

I was a guarantor for DD’s rent but I'm pretty sure the contract stated I was only responsible for her portion of rent. I think the problem with joint and separately liable is that they could go after just you for someone else’s rent rather than that person guarantor. I would avoid this if at all possible as it's not a fair term.

YouTubeIsYourMotherNow · 13/07/2023 18:09

VanCleefArpels · 12/07/2023 06:42

The single payment thing would worry me more than the joint and several liability tbh

As others have said you would only be pursued for someone else’s default after the landlord had pursued both the other tenant and their guarantor to the point of suing them and not getting satisfaction from a judgment against them.

Insisting on one payment means that one of the group will have control of an awful lot of money - how can the others ensure they are not going to nick it/ use it for gambling or drugs etc? One solution might be to set up a joint bank account with at least 2 names on it and everyone set up a standing order into that account the day before rent is due , with a standing order the next day to the landlord so the money disappears immediately. But this requires some grown up paperwork!

Agree single payment far more worrying. Also wouldn't having a joint bank account with random person risk your credit history deteriorating with theirs if they're a bit hapless?

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