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Higher education

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Original poster

DD has got herself into a state about renting. can anyone help? advise

29 replies

GaryBaldbiscuit · 05/12/2018 06:49

She moved into a house share in the spring, already there were tenants there, but one moved out she she took her place
for a variety of reasons she decided to move out and signed a contract at another houseshare. she agreed to find another tennant.
this has not happened.
she now pays rent for both. she did get a tennant who was never official and moved out after 6 weeks.
Everytime she tries to find someone the landlord and letting agency drag their heels, and pass the buck, and the tenant changes their mind.
The landlord's response is simply it is a legal issue.

what on earth can she do?

OP posts:
LIZS · 05/12/2018 07:05

Does her contract not allow her to give a month's notice after 6 months?

Original poster
GaryBaldbiscuit · 05/12/2018 07:12

The landlady is saying it is a whole house tenancy

OP posts:
Original poster
GaryBaldbiscuit · 05/12/2018 07:12

i believe it was for 2 years, but when she moved in there was a little over a year left

OP posts:
milkjetmum · 05/12/2018 07:13

Has she spoken to the University accommodation advice team? The students union can offer legal advice. The accommodation office will know about other students looking for accommodation behind your daughters friendship contacts eg visiting international PhD students.

Sadly this is a fairly common problem. Is she tried into the contract until oct 2019?

Original poster
GaryBaldbiscuit · 05/12/2018 07:14

I think it is august 2019.
she has spoken to student services,
the landlady is quoting legally binding contract to her and the support says she needs to find a legal loop hole

OP posts:
LovesLaboursLost · 05/12/2018 07:15

What contract did she sign? Did they issue a whole new contract for the whole house when she moved in?

HopelesslydevotedtoGu · 05/12/2018 07:16

What does her contract with the first landlord say about giving notice? Many contracts will have a break clause to give notice before the contract runs out, in which case she should give notice.

If there isn't a break or that is too far away, Many contracts will also say that you can substitute another tenant at the landlord's agreement, however I think they usually aren't obliged to agree to substituting. It is frustrating they are being slow approving a new tenant but I don't think they are obliged to do this at all unfortunately. I think the best thing would be to appeal to the letting agent and landlord's goodwill to do it quickly (if she has landlords contact details to speak to them, I think the agent can often be the delay), and let the prospective tenant know that the agent can be slow so they don't get cold feet.

Original poster
GaryBaldbiscuit · 05/12/2018 07:17

i have only access to the guarantor contract, i will ask her to check,

OP posts:
Original poster
GaryBaldbiscuit · 05/12/2018 07:18

thank you,

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Original poster
GaryBaldbiscuit · 05/12/2018 07:21

this has been going on for months now , she cries every day, she is talking about leaving university.

OP posts:
LIZS · 05/12/2018 07:27

If she left uni she'd still be liable for rent on both. Why did she decide to leave the houseshare without knowing there was a substitute?

Original poster
GaryBaldbiscuit · 05/12/2018 07:32

she decided to leave because she found somewhere else , everything she looked at wanted immediate move, so she immediately moved, well she moved gradually, so gradually in fact i think she lost the first prospective tenant.

OP posts:
Original poster
GaryBaldbiscuit · 05/12/2018 07:33

I keep saying, advertise both houses and see what sells first!

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Original poster
GaryBaldbiscuit · 05/12/2018 07:33

However this has gone on so long, that now i am reduced to advising that the current tenants find a replacement themselves.

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BubblesBuddy · 05/12/2018 08:28

First of all, students rarely sign two year contracts so this doesn’t sound like a standard university let. Has the vacancy been advertised to young people in general, not just students? What about young professionals? She needs to be a lot more proactive and think a lot more about what the consequences of her actions are in the future.

LovesLaboursLost · 05/12/2018 08:36

Are you a guarantor for just her or for the whole house?

Xenia · 05/12/2018 08:57

You need her to send you the tenancy agreement and everything single other thing she signed. It sounds like a whole house letting for two years and she moved in mid way so we need to see exactly what she signed when she moved in mid way - not just the original tenancy agreement.

The bottom line is she should have spoken to you first before moving as no one would sign up to two contracts until they had a tenanty contractually bound to take on the rest of the original 2 year term and most people know they will be liable for both rents and of course why not because if not the landlord cannot pay the mortgage and the other tenants are made homeless. Also as said above check if you guarantee the rent in both old and new house for the whole house too, not just your daughter's spot.

Original poster
GaryBaldbiscuit · 05/12/2018 18:12

There is a break clause apparently. But i dont know what this means

OP posts:
BubblesBuddy · 06/12/2018 15:17

I believe it’s where each party can give notice and “break” the contract. So read the contract carefully. Where does it fall within the contract?

Xenia · 06/12/2018 15:25

Yes you need to go through the contract or her variation to it with a fine tooth comb line by line. Eg a 2 year tenancy might say after 1 year everyone - every single resident can get out of it (or possibly one person - very unlikely) if you give notice at the 1 year date but not at other times so people need to put the break dates in their diary when they first sign.

Weeeeeeeeeeeeeeeeeee · 07/12/2018 10:35

Has she tried offering one of the places with a subsidised rent or an incentive of some sort.

Original poster
GaryBaldbiscuit · 07/12/2018 12:50

Good to hear thought

OP posts:
Original poster
GaryBaldbiscuit · 07/12/2018 12:50

Good thought I mean

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justkeepmoving · 08/12/2018 21:05

BubblesBuddy - i wouldnt advise getting non student tenant or they will all become liable to pay council tax - not just the non student

RedHelenB · 08/12/2018 22:41

Are you sure about that justkeepmoving?