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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6181
Experience:  Solicitor
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My daughter is a student renting a house with 3 other

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My daughter is a student renting a house with 3 other students. One of them is not paying her rent and the landlord is threatening to keep their deposits to cover arrears and also charge expenses. A letting agency advertised the property and drew up the contract but it now transpires they failed to obtain a guarantor from the student who isn't paying her rent. Does this make the tenancy agreement invalid as it states a gurantor form must be signed and approved for all tenants

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

Is the agreement joint and several?

Customer: replied 1 month ago.
It's joint
Customer: replied 1 month ago.
Tenancy agreemment attached

its bad news I am afraid. The tenants are jointly liable. This means the guarantees are enforceable.

It does not invalidate the agreement.

I am sorry if this is not the answer you want, nor 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?

Customer: replied 1 month ago.
OK. But my question is regarding the fact that one tenant has not provided a guarantor. And where we stand on that point
Is the letting agency accountable for this and therefore any rent arrears?

That is not a breach of the tenancy.

You are all jointly liable I am afraid.

That is why it is bad news.

I am sorry.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
OK. Thanks for your help

No problem