This is rather similar to the blog clinic question I had from Sharon recently about a co-tenant not paying rent. Obviously a big problem out there. Here is the question from Mary (not her real name) who acts as guarantor for her son:
My son has been sharing a student flat in leeds with 2 friends and was planning to share with bothe of them next year. They had signed a new agreement on a different flat and a Guarantor Deed with deposit.
However, one of the boys has been avoiding paying rent and bills, and now owes over £1,500 to the other boys and the landlord. He has not been at college for a year and is being threatened with prosecution for non payment of rent (he refuses to communicate with his flatmates or the landlord) and evasion of council tax (he is claiming a variety of benefits).
The issue is they now no longer want to live with him for another year, but the agency are saying they have to have the student’s written notification he no longer wishes to share with them. Difficult when neither he nor his Guarantor will speak to anyone.
We are concerned we will be put in the position of having ! to pay this boy’s rent for the next year, as well as part of the outstanding rent on his current property, because he seems to be intending to move in, despite his failure to pay on the current property. Can we force the agreement to be cancelled?
One solution it seems to me would be for the existing tenants to serve a notice to quit on the agent or landlord. This will have the effect of ending the current tenancy (assuming the fixed term has ended). Then they can just give a new fixed term to the remaining students.
What does anyone else think?
Yeah its the same position as the last poster realy. Stop the slide as quick as you can. It looks reposnsible to the landlord who will need to be on the tenants side if they are to avoid being whacked for all their co-tenant’s debts
I would have thought the other tenants would have ‘Had a word’ with the guy by now…..but thenm maybe I have lived in South London too long!!!!!
I would act immediately to rescind the new contract for the new property from next term due to the breakdown in the relationship on their present let. I agree you need to get the agency ‘on your side’ on this issue as a contract has already been signed for the new property but you need to ensure that they are not obligated to move in. I am certain the new Landlord would not want to continue with this contract if he was aware of the present situation with the 3 sharers so press the agency to get a response from the new landlord, rather than the agency just deciding the outcome. Once you have that settled, then encourage your son to claim for monies owing,relating to the present tenancy, on the moneyclaim online system, it is brilliant and easy to use, so go for it and don’t let this person get away with this action, so upsetting for you all. Good luck with that.