Joint prospective tenants; only one signed; other won't

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    Joint prospective tenants; only one signed; other won't

    My daughter and her old flatmate just paid deposit for new let and only my daughter signed lease as she is student and doesnt pay council tax. Her friend has just told her she is not going to move in and my daughter cant afford full rent, how is she placed? The lady asked that only 1 sign although she knew the 2 girls were both going to be living there

    #2
    Hi amababes,

    My feeling on this is that the contract will be a legally binding contract and that says one tenant so that leaves your daughter with sole rent liability. You will have to get your daughter to talk to the landlord quickly and see of they can sort something out.

    Jax

    Originally posted by amababes View Post
    My daughter and her old flatmate just paid deposit for new let and only my daughter signed lease as she is student and doesnt pay council tax. Her friend has just told her she is not going to move in and my daughter cant afford full rent, how is she placed? The lady asked that only 1 sign although she knew the 2 girls were both going to be living there

    Comment


      #3
      Is the council tax bit relevant to the signatures as your daughter and friend were planning on claiming only your daughter (exempt to council tax) was going to live there?

      Comment


        #4
        I read it as, that only one of the two tenants had signed the tenancy agreement, rather than that there was only one name on the tenancy agreement, but now I'm not sure!

        Comment


          #5
          If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

          I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            Originally posted by Paul_f View Post
            If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

            I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.
            OP says that only daughter signed "lease" [presumably meaning "Counterpart Tenancy Agreement"].
            If so, there's only one T- her- and she's stuck with it.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #7
              Originally posted by jeffrey View Post
              OP says that only daughter signed "lease" [presumably meaning "Counterpart Tenancy Agreement"].
              If so, there's only one T- her- and she's stuck with it.
              Thank you so much...First time ive used this site....
              Update
              Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

              I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

              Comment


                #8
                Originally posted by Paul_f View Post
                If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

                I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.
                Thank you so much...First time ive used this site....
                Update
                Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

                I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

                Comment


                  #9
                  Originally posted by kayak View Post
                  I read it as, that only one of the two tenants had signed the tenancy agreement, rather than that there was only one name on the tenancy agreement, but now I'm not sure!
                  Thank you so much...First time ive used this site....
                  Update
                  Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

                  I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

                  Comment


                    #10
                    Thank you so much...First time ive used this site....
                    Update
                    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

                    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

                    Comment


                      #11
                      Originally posted by amababes View Post
                      Thank you so much...First time ive used this site....
                      Update
                      Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

                      I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.
                      No, unless the Landlord agrees or unless there is a break clause in the agreement, they are stuck with the tenancy for its full fixed term; sounds like your daughter is the only one who will be legally liable for the rent; no, there isn't a cooling off period, and yes, they should get their deposit back at the end of the tenancy assuming they have caused no damage and they return the property in the condition it was in when they moved in.

                      They should ask the LL for the details of the tenancy deposit scheme, into which she is legally required to protect their deposit within 14 days of receiving it.

                      In the future, your daughter would be advised to read any agreement she proposes to sign, very carefully before signing, so that she knows what she is letting herself in for. She has committed herself to considerable financial outlay for a year; it's not something to be taken lightly and it's not the same as buying a TV on HP.

                      You have to ask any questions before you sign, not after, I'm afraid.
                      It might be worth asking the LL to accommodate your requests, but she has every right to say no.

                      Good luck, anyway.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Originally posted by amababes View Post
                        First time ive used this site....
                        Would never have guessed...

                        Comment


                          #13
                          Thank you so much....has been very helpful

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                            #14
                            he he thanks

                            Comment


                              #15
                              i know what an exciting Friday night....however ive had another thought. I dont think this is a ery professional landlord. There has been no checks done on my daughter and I dont think she got the rent deposit agreement. Does that make it different? Promise it my last question...and ill let you all know how i get on...thanks again

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