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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My student son and 5 other students have signed a tenancy agreement

Resolved Question:

My student son and 5 other students have signed a tenancy agreement in March 2014 to rent a house in B5 Birmingham from 1.7.14 -30.6.15.
I have only just seen the agreement and feel the collective total rent for the year of £34,579.92, which does not include any bills is extortionate. It is apparent that they have not read the contract in detail (they thought bills were included ). I have noted the contract says the tenants also have to pay council tax, and I am aware they would be exempt.
They have paid deposit money of one month's rent. I wish my son and the others to pull out of this.
What is their legal right ?
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Does the contract have any express right of cancellation?

tdlawyer :

Hi

tdlawyer :

Are you there?

JACUSTOMER-grq5s7tp- :

Hi,

JACUSTOMER-grq5s7tp- :

Hi, the contract states if the tenant leaves before the end of the term, they must carry on paying rent until he/she finds an approved replacement.

tdlawyer :

Yes, okay, that's fairly normal for this type of contract. So assuming no right to cancel in the agreement then, there is generally no right to cancel without that penalty. However, if they do walk away, the landlord has to try and re-let it to somebody else.

Customer:

Sorry it has been a long day, can you clarify if my son wishes to cancel, I can understand he will lose the deposit, but are you saying he is liable for the full contract unless he or his friends find replacement tenants ??

tdlawyer :

Yes, that's right. he together with anybody else that he has signed with would be (usually) equally an severally liable.

tdlawyer :

The landlord has an obligation to try and find a replacement through, and nothing stops your son and the others from trying to find somebody to replace them too.

Customer:

The agreement states that council tax fee has to be paid for the property, students are exempt, can they contest the agreement with the lettings agent ?

tdlawyer :

This doesn't matter about the council tax, because all it's saying is they have to account for what is due (if anything) to the council.

tdlawyer :

So if there is nothing to pay, then there is nothing the landlord will (or could) do/seek under the agreement.

Customer:

I have refused to sign the guarentor, as I do not want to have any liability, what would you advise

tdlawyer :

If they want out of this now, the best thing is to get it online and advertise for replacement tenants so there he knows what the position will be ASAP. He still has some time to sort this before his first payment would be due on 1 July.

Customer:

ok

tdlawyer :

Legally, there is likely to be little of an escape route, but getting somebody else in would solve the problem.

tdlawyer :

Can I ask whether you're happy with the service this evening please?

Customer:

yes but not the answers I wanted to hear

tdlawyer :

I appreciate that. There is one more thing worth double checking.

tdlawyer :

Where did they sign the tenancy agreement?

Customer:

At the lettings agency office

tdlawyer :

Yes, I thought it might be. If it were a distance form of communication, i.e. done by post, there might be an argument that this was cancellable under different provisions, but not if done at the offices I'm afraid.

Customer:

oh dear !! ok, will sign off unless any thing else ? I sense another sleepless night.

tdlawyer :

Sorry! Nothing I can add to this now I'm afraid.

tdlawyer :

Please do remember to rate the answer for me - and again, sorry I couldn't give more positive advice.

tdlawyer :

Thank you!

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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