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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter moved into shared university accommodation in

Resolved Question:

Hi,My daughter moved into shared university accommodation in Swansea with 6 other students at the beginning of the academic year last year. All signed a lease for one year.After a few months one of the students decided to move out, saying he needed quieter accommodation.At the time the owner/agent claims they advised the students that they would need to find a replacement tenant or pay the additional rent. The students did make some effort to do this, but were unable to find someone as the academic year was well under way.We now have a request for payment from the agent for approx £450, asking for payment within 7 days.My questions are;1. is it expected that the other tenants become landlords and are responsible for finding a replacement tenant
2. The agent says she advised the students that they would need to pay additional rent should they fail to fill the vacancy - is this, as a verbal agreement, enforceable - surely rent agreements need to be signed?
3. Surely the tenant that gave notice is responsible for this portion of the rent?I know that's 3 questions but its all one issue.Thanks,Dave
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello Dave my name is ***** ***** I will help you.

Does the tenancy agreement say they are joint and severally liable?

Customer: replied 1 year ago.
Hi Alex,We are trying to find the lease, but my wife believes that wording is used in the agreement.Dave
Expert:  Ash replied 1 year ago.

Ok. Assuming that is what it says:

1. Yes, they are joint and severally liable so they would have to find another tenant or split the cost

2. Yes it is, it would be in the written agreement

3. Yes, but if the tenants are joint and severally liable they all own the debt. It would be up to the tenants to then sue the tenant that left.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
Hi Alex,We will need to find the lease and confirm the wording - we are asking the other tenants for a copy as my daughters room is a bit of a tip while she sorts things out.Can I come back to you once we know please?Dave
Expert:  Ash replied 1 year ago.

Sure. I would be surprised if it didn't say they were joint and severally liable. Alex

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