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Original poster

Student tenancy takeover issues

11 replies

finished31 · 11/01/2023 10:36

DS moved out of 2nd year private let student house due to severe bullying.

We have given seven potential new tenants details over to the agents in the last 2weeks. The current students are dragging their heels and only made contact with 1 person who is viewing the house this weekend.

The tenancy runs out end of June and I refuse to pay rent for the remainder of the agreement (unless I really have to). Rent paid up until end of January.

The agency originally sent an email out stating they need to work together to replace (my son) otherwise the agency will choose any person willing!

I'm now at a point of needing legal advice and hope someone can advise. TIA

OP posts:
LoveCillian · 11/01/2023 13:07

What does the tenancy agreement say will happen in these circumstances

Deathbyfluffy · 11/01/2023 13:09

You need to look at the tenancy agreement - that's all the advice you need.
You'll need to stick to what it says; as long as the agent are sticking to their side there's nothing you can 'go legal' with, even if it means paying until June I'm afraid.

Original poster
finished31 · 11/01/2023 13:16

Deathbyfluffy · 11/01/2023 13:09

You need to look at the tenancy agreement - that's all the advice you need.
You'll need to stick to what it says; as long as the agent are sticking to their side there's nothing you can 'go legal' with, even if it means paying until June I'm afraid.

Are you a lawyer?

I've sent over 11 different contacts now and I'm hitting a wall.

OP posts:
LoveCillian · 11/01/2023 15:46

I am a lawyer

VanCleefArpels · 11/01/2023 15:55

Is it a joint tenancy or are each of the rooms let separately? This will impact how much rent you may be deemed to owe if the room isn’t let. On the face of it the tenant is liable fir the whole if they rent for the whole of the fixed term contract subject to any provision in the tenancy agreement regarding early surrender.

Has the agent advertised the room? If not why not? In a similar situation one of my DC had a housemate move out half way in and it was the agent that advertised and they got a new housemate that way.

Original poster
finished31 · 11/01/2023 21:05

VanCleefArpels · 11/01/2023 15:55

Is it a joint tenancy or are each of the rooms let separately? This will impact how much rent you may be deemed to owe if the room isn’t let. On the face of it the tenant is liable fir the whole if they rent for the whole of the fixed term contract subject to any provision in the tenancy agreement regarding early surrender.

Has the agent advertised the room? If not why not? In a similar situation one of my DC had a housemate move out half way in and it was the agent that advertised and they got a new housemate that way.

It's a joint tenancy.

The agents are not advising the room. I've put posts on local Facebook group and 12 peoples names have been passed over.

The current tenants are moving at a snails space and only choosing who they decide to view the property - which is one person.

OP posts:
VanCleefArpels · 11/01/2023 21:32

You might want to remind the current tenants that they are jointly and severally liable for the whole rent. The landlord doesn’t care who pays them the rent every month, just as long as they get it. In theory the landlord can ask the remaining housemates to cover any shortfall as a result of one tenant leaving (they could of course also pursue the leaving tenant). So it’s really not in their interest to fanny about getting someone new in.

This of course doesn’t mean you are no longer liable but it may concentrate minds

TizerorFizz · 11/01/2023 21:36

The other students know you are liable to pay. The agent let the property in good faith. Why should the landlord pay for readvertising? It’s hardly their fault. You could offer to pay.

It’s usually the job of the leaving student to find a replacement (you have tried) or the other students, but they are not bothered. You must, of course, read the contract. If you are liable, you are. Maybe contact the students and see if they have a mate looking or contact the university accommodation office. They might have a student needing somewhere. Did your Dc not know these housemates from year 1?

Original poster
finished31 · 11/01/2023 21:42

The other students know you are liable to pay. The agent let the property in good faith. Why should the landlord pay for readvertising? It’s hardly their fault.

Yes I am fully aware we are liable and vice-versa.

I've advertised and found 11 people interested in taking over the room. The agents original message to the other tenants was they need to work together otherwise they will let the room to anyone willing to accept the room. However, they are now taking their time and dragging their heel.

OP posts:
VanCleefArpels · 11/01/2023 22:05

So on that basis the agent can just sign someone up surely - their “or else” scenario has come about

Original poster
finished31 · 11/01/2023 23:41

VanCleefArpels · 11/01/2023 22:05

So on that basis the agent can just sign someone up surely - their “or else” scenario has come about

I hope so.

OP posts:
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