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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am University student. when coming to sign for a house for

Customer Question

I am University student. when coming to sign for a house for the upcoming year, myself and one of my fellow housemates put down our full share of the deposit. The other housemate had not paid anything towards the house. A few months later we were then told if we did not go into the estate agents and sign the contract there and then, we would lose the house. The other house mate had still not paid her share of the deposit. The contract was a joint contract between the 3 of us but now the landlord is refusing to let our other housemate live at that property because she has failed to get her guarantor form back to the letting agency. since the full deposit has not been paid as her share was never paid along with the landlord refusing to have her living in the house is this contract is exempt?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has the third person signed as well please?
JACUSTOMER-v9snbnd7- :


JACUSTOMER-v9snbnd7- :

the third person signed however did not put any money down, we were told we had to sign there and then or else we would lose the property

JACUSTOMER-v9snbnd7- :

this has been going on since January however I personally did not receive any phone calls or emails to inform me that there was a problem with the third person's guarantor until 4 weeks ago.

JACUSTOMER-v9snbnd7- :

now they are refusing to hand over my guarantor forms or refund any money until new tenants are found

Alex Watts : Is there anything in the tenancy agreement that says you must have a guarantor to each person please?
Alex Watts : Has the landlord signed the contract?
JACUSTOMER-v9snbnd7- :

yes it states every one must have a guarantor

JACUSTOMER-v9snbnd7- :

we are unaware if the landlord has signed we are dealing with the agent

JACUSTOMER-v9snbnd7- :

the agent also stated that the third person must get a guarantor

Alex Watts : Does it say the landord can terminate if you all together don't each have a guarantor please?
JACUSTOMER-v9snbnd7- :

No, it does not state that the landlord is able to terminate if we all together do not each have a guarantor but i have just recieved a copy of the contract and it has been signed on behalf of the landlord by the agent

JACUSTOMER-v9snbnd7- :

the landlord has also refused to have the third person in the property as she is unable to provide a guarantor

Alex Watts : Ok. The landlord can't.
Alex Watts : The landlord can refuse entry and can't terminate.
Alex Watts : If the contract says the landlord can refuse access to anyone without a guarantor or is entitled to terminate it if they do not have a guarantor that is a different matter.
Alex Watts : But if there is no such clause the landlord has no power whatsoever in the contract to deny entry.
Alex Watts : The third student could sue the landlord for breach of contract and claim loss and damage.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-v9snbnd7- :

Can we get our deposit back and the guarantor forms?

Alex Watts : If the landlord refuses to allow entry yes.
Alex Watts : He would be in breach of contract.
Alex Watts : Does that help?
JACUSTOMER-v9snbnd7- :

that is absolutely fantastic. thank you very much

Alex Watts : great. All the best with this,
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