AST Termination

[da_bunn]

Sorry for just jumping in like this - but I could not find any info on this in the FAQ or threads.

 

My daughter signed a joint Assured Shorthold Tenancy agreement with her boyfriend for accomodation in Swansea near the Uni there.

 

The tenancy does not have a breakout clause and is for the university year juststarting. They were due to take occupancy in Oct 08.

 

OK. My daughter and boyfriend split up back in July. She informed him that she was not going to live in the same accom as him and he should talk to the landlord to seek cancellation of the agreement.

 

I found out last night that he has not done this, and the landlord has already taken Sept Rent from him - although my daughter has not paid a penny yet - she understands that she is liable for her half of the rent.

 

Now the question - she has been informed by a close friends parent (who used to work in the housing association) that if she (and her EX) do not pick up the property keys - therefore NEVER take occupancy - then the contract does not come into force and she can get out of it.

 

As I am the guarantor for the tenancy I would love to belive this but it does not sound right - and I do not want to end up with a court case on my hands.

 

Can anyone advise?:?

They were due to pick up the keys at the end of Sept - so I don't have much time - but thanks for any advice anyway:-|

[MrShed]

The close friends parent is along the right lines, but not entirely. He is absolutely correct that the TENANCY does not come into effect unless the contract is "accepted", which would be taking possession.

 

HOWEVER, the landlords financial costs due to this breaking of contract ARE payable.

 

Why did your daughter not contact the landlord herself?????

[da_bunn]

Thanks for the info.

What sort of fees would she (or me as guarantor) be likely to expect?

 

As for the why????

She signed up through an agent called Student DIGZ - they were totally un-reachable for the first two weeks after the split.

at that point the EX informed her, verbally only, that he would get it sorted - at which point she stopped tryig to contect the agent.

 

It now transpires that, or should I say, it seems that he did no such thing.

[MrShed]

The costs will be made up of two areas:

 

- Cost of reletting - i.e. admin costs, credit check fees, cost of performing viewings etc.

- Lost rent - i.e. if the property is not re-let for a tenant to move in until 6 weeks after your daughters tenancy was due to commence, then 6 weeks rent would be owed.

 

My concern for you here would be that the cost will not be insignificant - so close to the term beginning, they may struggle to let the property for this academic year.

[da_bunn]

Thanks for that

 

Just as I thought.

Not good but to be expected