Student lettings for next year already??

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    #16
    Originally posted by Ericthelobster View Post
    Thanks for the advice, both.

    Isn't it odd that they haven't been asked about guarantors?

    I'm now torn between getting involved and demanding that the LL at least emails a copy of this agreement in advance

    For a group of 8 students sharing a house, presumably it is most likely they will they be signing a single agreement, so will be jointly and severally liable if someone wants to drop out? Is that the norm?

    We don't ask for guarantors for student lets, so not unusual.

    No harm in asking for an Emailed copy of the agreement, any reasonable landlord would not refuse, I would be pleased that a parent was concerned enough to ask.

    A house big enough for a group of 8 would, I imagine be a licenced HMO.
    Check with the council to see if it has a current licence.

    I would expect that a group of 8 would be signing individual ASTs. If they are signing a joint agreement then I would look somewhere else. We have several 8 room student houses and it's not unusual for 1 student to drop out or fail part of their course part way through the year. With individual agreements the problem is then between the landlord and that particular student on a joint agreement your daughter would then get involved in something which is not her fault, and you don't need the grief

    Which University if you dont mind me asking??

    Comment


      #17
      Well, just received a draft of the agreement, which looks pretty straightforward I think. It's a Fully Assured tenancy (presumably because rents received being more than £25K pa) - I don't know much about these as I deal onlywith ASTs, but are there implications of that I need to be aware of? Does it mean no deposit protection is necessary?

      It looks as if all 8 will be on one agreement, which is joint and several.

      The property is over 3 floors, so clearly should be a licensed HMO(?); however I've found the council's list of licensed HMOs on their website, and this doesn't feature which worries me...

      One bit of the contract I'm puzzled about is the following (I've scanned in the relevant bit):

      Term
      An initial fixed term commencing on XXXX (the Commencement Date) and terminating on XXXX (the Termination Date) and during such continuation period as may apply thereafter until terminated by either of the parties.

      Rent
      (a) from the Commencement Date until the Termination Date the sum of XXXXX per quarter.

      (b) in the event of the tenancy continuing after the Termination Date the rent is increased from XXXX per calendar month to per quarter in respect of the period after the Termination Date.

      Deposit/Bond
      An initial sum of XXXX to be paid on the signing hereof to be increased to the sum of XXXX payable on the Termination Date if the tenancy shall continue after the Termination Date, which said deposit shall be returnable to the Tenant if the Tenant shall give the Landlord a Notice in Writing on or before XXXXX of the Tenant’s intention to terminate the tenancy on the Termination Date and shall vacate the Property by the Termination Date and subject to any deduction in respect of any breach of the covenant...
      What's this about the deposit apparently increasing if they want to stay on more than a year?

      Though to be honest I suspect that whatever I say won't dissuade daughter and pals from their intended path...

      Comment


        #18
        Originally posted by Ericthelobster View Post
        Well, just received a draft of the agreement, which looks pretty straightforward I think. It's a Fully Assured tenancy (presumably because rents received being more than £25K pa) - I don't know much about these as I deal onlywith ASTs, but are there implications of that I need to be aware of? Does it mean no deposit protection is necessary?
        Stop. There seems to be confusion here.
        1. A letting is either within the Housing Act 1988 or it's not. The Act [Schedule 1] shows which cases are not within its scope.
        2. Cases within its scope are ASSURED TENANCIES.
        3. The parties' actions then determine whether an Assured Tenancy is:
        a. an ASSURED SHORTHOLD TENANCY; or
        b. a STANDARD ASSURED TENANCY [see Schedule 2 for how it becomes one of these].
        4. What you call 'fully assured' is probably an SAT.
        5. BUT if the rate of rent > £25 000 per year, the Act does not apply at all!
        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).

        Comment


          #19
          Originally posted by Ericthelobster View Post
          It looks as if all 8 will be on one agreement, which is joint and several.(
          I do not claim fully to understand the practical implications of this, but parts of the following thread on 'more than 4 on a joint agreeement' may be illuminating:
          http://www.landlordzone.co.uk/forums...=joint+tenants


          Originally posted by Ericthelobster View Post
          The property is over 3 floors, so clearly should be a licensed HMO(?); however I've found the council's list of licensed HMOs on their website, and this doesn't feature which worries me...
          RIng the council and ask if an HMO licence application has been received for a property at that address. If it has not, you need to decide whether to shop him. Chances are the place is unsafe or does not have planning permission for 8, so I would turn him in, even if it means your daughter may have to look elsewhere. Come to think of it, the agent (if they are any use) should have a copy of the HMO licence).
          '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


            #20
            This bit must surely be wrong:

            Rent
            (a) from the Commencement Date until the Termination Date the sum of XXXXX per quarter.

            (b) in the event of the tenancy continuing after the Termination Date the rent is increased from XXXX per calendar month to per quarter in respect of the period after the Termination Date.

            Is the rent due per quarter [as in (a)] or per calendar month [as in (b)]? It cannot be both!
            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).

            Comment


              #21
              Originally posted by jeffrey View Post
              Stop. There seems to be confusion here.
              Hmm, tell me about it.... "Fully Assured Tenancy" referred to the wording on the agreement, so I'm not sure where that leaves us....

              Originally posted by jeffrey View Post
              Is the rent due per quarter [as in (a)] or per calendar month [as in (b)]? It cannot be both!
              Well spotted. Doesn't instil much confidence, does it?

              Comment

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