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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My Daughter has recently signed an assured tenancy property

Resolved Question:

My Daughter has recently signed an assured tenancy for a property during her Uni stay. The agreement was originally for 3 people (stated in tenancy agreement) but only two tenants have signed. the second tenant has not provided guarantor information and has now stopped making any contact. My question is, the landlord/property agent is holding my daughter to the agreements clauses i.e. responsible for rent until suitable alternative tenants can be found, is this still legally binding if only 2 of the 3 tenants have signed?? and if so are we only liable for my daughters share of the rent??
Many Thanks
Steve
Submitted: 7 months ago.
Category: Property Law
Expert:  Ash replied 7 months ago.

Hello Steve my name is ***** ***** I will help you with this.

Does it say they are joint and severally liable in the contract please?
Alex

Customer: replied 7 months ago.
Hi Alex, it states they are jointly responsible.
Thanks
Expert:  Ash replied 7 months ago.

Ok - its bad news then I am afraid. Sadly it is legally binding because it says they are joint and severally liable. All those that have signed it are liable, those have not signed it are not. Further, if you are guarantor then you are responsible not just for your daughters share but the entire rent, unless the agreement says otherwise.

Its very unusual for you to be responsible for just a portion.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 7 months ago.
Hi, I signed a guarantor form which clearly outlines the amount, my daughters portion of the rent only and no more, on this basis is this the maximum liability to me??
Thanks
Expert:  Ash replied 7 months ago.

Ah thats good. it would be her share only, no more.

Does that clarify?
Alex

Customer: replied 7 months ago.
Thanks, ***** ***** to be some kind of release clause as only 2 signed a 3 person agreement, take it this is not the case?
thanks
Expert:  Ash replied 7 months ago.

Sadly it does not invalidate the whole agreement, just binds those who have signed.

I am sorry, but does that help?
Alex

Customer: replied 7 months ago.
Ok Thanks Alex, best to be informed if things turn sour with the landlords.Many thanks
Steve
Expert:  Ash replied 7 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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