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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Good evening and thank you. My daughter is at university.

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Good evening and thank you.

My daughter is at university. She has decided to change courses and so university. She has signed a secured tenancy which starts in August and paid £300 deposit.
The landlord now says that the full eleven months rent will have to be paid if she cannot find another tenant.
My wife has signed a guarantor agreement with the landlord ( although he has not signed this), also we have not seen or have a copy of the secure tenants agreement which my daughter signed. We are trying to find another student to share the house but this is only day one.
We feel the agreement is underhand and that the landlord is very clever but cannot find a way around this, even though we do understand. We have had not seen the secure tenancy agreement until today ( sign in Feb 2010), and the guarantor agreement which is signed only by my wife plus a witness, states this is a fixed tenancy. It does not state the term of the tenancy. Can you please help? Many thanks Gary

Hi,


Thanks for your question.

 

The landlord is correct in that you are bound by the tenancy agreement. You are also bound by the guarantor agreement as well, it would probably stand up in court and one suspects the landlord could magically produce his copy executed in counterpart.

 

She will be bound by the term of the tenancy agreement unless there is a break clause allowing her to terminate of the property is unfit for human habitation. You are doing the right thing in attempting to find a replacement tenant, the landlord is under a duty not to refuse a reasonable tenant should you produce one to him. I'd try and deal with the agents in correspondence (ie. email) so that you have documentary evidence of their responses.

 

Were the Landlord to take you daughter or wife to Court to recover the monies owing under the tenancy agreement then he would not recover the whole 11 months because he is under a duty to mitigate his loss by filling the vacancy. They typically get around 3-4 months rent as a result.

 

I assumed that it is the guarantor agreement which does not state the term of the tenancy agreement and not the tenancy agreement itself.

 

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Kind regards,

 

Tom

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