Think DD's student landlord is applying illegal pressure

[demhalluk]

I hope there are some wonderful legal eagles on here that can help me, as I can't afford to get a solicitor involved. This isn't as much about the money we are likely to lose, but about the letting agency (IMHO) bullying these poor girls for what I believe is their mistake.

I'll TRY and describe the situation succinctly (I'm a wordy person, so apologies if I ramble).

Student property has six bedrooms. When DD moved in (July 2023), there were only 3 other tenants for a little while, and their tenant agreement, which we signed as guarantor on 19.12.22, stated their four names only. After a few weeks, another two girls joined them. For some reason, they were issued their own, separate tenancy agreement, with their guarantors, that just stated their two names, instead of a revised contract with all six students named, that I believe we should all have signed.

One of the two students who joined later changed her mind about starting uni and dropped out just before they moved in (July 2023). Her guarantor negotiated a proportion of the annual rent with the agency.

Since then, the letting agency harassed the remaining five tenants to pay the rent they're missing out on, via text and emails.

They have now got a sixth person to take the available room and a new tenancy agreement was sent around all the tenants and their guarantors on 08.01.24 to signify this (which we have signed). Up until this point, the two tenancy agreements (the one with DD and her 3 friends; and the other, with the 2 students who joined later) were the only ones in existence.

However, the agency is still demanding all five girls pay the missing rent for the period of 01.07.23 - 08.01.24. When we pointed out that we didn't see how we were liable for the tenant who dropped out, as she wasn't named on our DD's agreement, we were sent a 'contract' showing all six students, with our signatures dated 19.12.22. I know for a fact that we didn't sign two contracts that day, and I can clearly tell that they have cut and pasted our signatures and the date of that signature onto this contract.

Can they do this? Is that legal?

The letting agency told us that the girls verbally agreed to covering the rent for the outgoing tenant (my DD said they were put under pressure to say so, and threatened with the lot of them being turfed out).

Surely, that's not enough? If our legal responsibilities had changed as guarantors, to include two more girls from the four we originally signed to be liable for, isn't this a new legal agreement? Otherwise, they could just add the whole street on there!

They are now threatening to take the missing rent money from their deposit. I don't see how they can do this, as the deposit scheme (which the girls are signed up for) is not there for this, and more so if they're not liable for this missing rent in the first place.

Advice please, before I go in all guns blazing - it would be so much appreciated. My DD is autistic and worried that she's going to get in trouble, but I also don't believe she should give in when the letting agency has failed to do their due diligence and have us sign one contract with all six girls from the off.

(I realise that I failed to make the explanation concise).

Has she got students contents insurance as this often covers legal advice for landlord issues,

That's fraud, they can't cut and paste your signatures into a different document :o that's outrageous. Honestly I wouldn't be signing a new tenancy agreement for the 6 of them.

Very complex situation and they did agree verbally.
Good luck

Very complex situation and they did agree verbally.

Guarantors didn't though - and they're the ones with the forged form.

OP was it digitally signed or signed in person?

I'd tell them that they can take you to small claims (or is it too much?)

And yes, the deposit scheme will require evidence that they owe this - but do make sure you engage - I've always found them to be very fair (from both sides of this)

But you can't verbally sign a guarantor up for someone else's rent.

They need to pursue the guarantor for the "missing" money that's the whole point.

They cannot deduct it from the deposit.

The forged documents are just that!

Have you legal cover on your house insurance?

As I said, its "complex" and until I've seen the full contract, I can't say more than that.

Not the same situation but we had two issues with DDs student house, one for a safety issue and on for a change of one tenant. They couldn't get anywhere, agency wouldn't engage with me. I phoned the accommodation department for advice, the man in charge told me not to worry, he'd sort it and if he had to he'd move them all into university accommodation.

Two hours later contractor was there to fix the safety issue (electrical issue) and agency had already contacted them about the change of tenant and new agreement.

Can't be sure if all universities are the same but it might be worth a try.

Good luck.

I wonder how much the landlord has lost, student who dropped out paid a portion of the years rent, new tenant now moved in. So one terms rent minus the money that was paid for not taking up the place. I can't be much or is he trying to pocket the money paid for dropping out and getting full rent for the year on top? Sounds very dodgy.

I agree with contacting the university housing office.

If they have forged a legal document and are trying to hold you to it that's insane!! If the uni is no help follow this advice maybe? https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/complaining-about-your-letting-agent/

Unfortunately they are liable for the entire rent as a whole, not just their proportion of it. In theory, they are liable to pay the full rental amount.

I can't answer about the other tenancy agreement appearing though.

I can't help.

However most universities have some sort of free legal service, often run by law students.

Could you look into that? DH had a very similar issue at uni and they got it resolved very quickly.

What does their tenancy agreement say? That's what matters re the rent, not what they "agreed to verbally". Good luck with their relying on a conversation in the corridor while they looked round.

If you go on WIWKAU on Facebook there are all sorts of tales of Landlords taking the piss, still. There will be help on there certainly of you don't find it here.

Make sure you keep a copy of the forged document. Can you clearly see they have photoshopped it? Maybe by comparing to identical signatures on other documents? If they were new signatures they would be slightly different.

I would suggest to the landlord /agent that any further requests for money would be answered with you seeking legal advice for fraud and for falsifying documents. That's what it must be. The documents are fake and they are being used to coerce money from you. Could it technically be identity fraud? If the tenant who left isn't named on your daughter's contract and it doesn't state anything on there about owing money for the two late arrivals' portion then I can't see how you are lible for the money. They will get nowhere with claiming it via deposit scheme. They are generally on the tenants side unless excellent proof is provided. (I'm a landlord)

I find it bizarre that a guarantor can be pursued for someone else's rent. I think the law should be changed on this. People will say "Well they signed up to it." But that's probably because they had no options that didn't specify this and I think it shouldn't be allowed. (I realise that the op is about a different situation)

I'm a lawyer and if anyone purported to amend a document I'd signed without my consent, especially something as onerous as a financial guarantee, they'd wish they'd never been born by the time I'd finished with them.

Whatever the legalities of who owes what, surely fraud is illegal?

I'd be tempted to threaten to report them for the fraud (to the regulator and the police).

Having said that, I'm not a solicitor so I guess the wisest thing would be to cover a solicitor first, if you can afford one. Or perhaps Shelter would help?

I'm not share - I'll check. Thank you so much.

My husband signed it (it's his name as guarantor) before I read it or could protest! She's only got a few months on the 'new agreement' before the tenancy ends, but it's the missing rent in the middle of these two dates (July 23 to Jan 24) they're pressuring the girls to pay. I'm with you - I thought it was fraudulent to cut and paste our signatures, but you know when something seems so clear, you start to doubt yourself?! Thank you.

Does a verbal agreement hold that much weight then, on a change of contract?

Digitally signed, and we had no knowledge of their agreement or conversation. I think the letting agents personally went to the property to get these 19 year old to agree to paying the difference.

I think so, I'll dig out the policy! Thank you for the tip.

I hadn't thought about involving the university, thank you for that.

As guarantors you're liable for the rent for the four girls but did they agree to pay the rent for the whole house between four of them? Contact the property ombudsman. You must follow the agents complaints procedure first then you can contact the ombudsman but it is a slow process. I sympathise, my student DS has had rats for weeks, broken boiler, etc and it's been a nightmare

But the letting agency is saying they're liable for someone who's not named on their agreement. That's what sticks with me. If they can do that, what's to stop us being liable for the students living in the house next door, or those across the street?