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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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My daughter is in a Assured Shorthold Tenancy Agreement with

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My daughter is in a Assured Shorthold Tenancy Agreement with three other girls (from July 1st 2015 to June 30th 2016) and the other tenants' behaviour toward my daughter is becoming a bullying and harassment issue.
I have moved my daughter out of this residence for her own mental (possibly physical) health as well as my own piece of mind.
It would appear to me that the agreement, though not a deed has been dressed as a deed by asking all signatures to be witnessed, this was signed by each of the tenants rather than an independent witness. The landlord also did not provide this in advance and insisted it was signed on first sight.
A guarantor request was also demanded without sight of the agreement nor was it witnessed (this was signed by my spouse).
Due to the behaviour of the girls and the landlord's 'demands' to ensure the tenancy are there any grounds to give notice and expect the 'surrender' of the agreement for my daughter's liability.
Are you asking if this is a ground to escape?
Customer: replied 2 years ago.
Yes, I would like to sever all ties with this landlord and the remaining tenants
Not on this basis I'm afraid. It is really hard to escape an AST. Something like the property being gutted by fire damage would get over the hurdle. A dispute between tenants does not. Even if the agreement is void, there is still clearly a contract and the fact that a document does exist will be enough to prove it. There is no requirement to witness any contract at all to make it valid. If she leaves then I'm afraid you will be liable until they find a replacement. On the positive side though, they are under a duty to mitigate their loss by seeking a replacement. That is generally a different affair in student houses as they need to fill one room rather than the whole house but most university towns have an accommodation issue so it can be done. Sorry but I have to give you truthful information. Can I clarify anything for you? Jo
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