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My daughter has just moved in with her friend. It's a bit of a complicated scenario, so please bear with me...

 

The friend (A) originally signed the tenancy agreement with another person (B). A paid the deposit in full. A and B fell out and B decided to leave, I believe before any tenancy agreement ended. A paid a couple of month's rent on her own, and now my daughter has moved in, A is wanting my daughter to pay her the rent, not the lettings agency. Her reason is that she is worried about B being given half the deposit, and says that my daughter can't go on the tenancy agreement until B has signed something to say that she won't try to claim the deposit.

 

Hmm...

 

Questions are:

 

  1. Is friend B still responsible for the rent that was due before my daughter moved in? i.e. so that if she does try to claim half of a deposit she hadn't paid towards in the first place(!) friend A can take her to the small claims court for non-payment of rent??
  2. Friend A is saying to my daughter that if she can't pay the rent this way, then friend A will have to find someone else, can she do this?
  3. What are the implications for my daughter with regards to not being written into the tenancy agreement? She's effectively sub-letting from A with no protection.

Help.

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1) Yes.

2) Of course - friend A is entitled to make an agreement (or not) with anyone she sees fit.

3) Major - your daughter would be a lodger of A basically, and have no security of tenure.

 

How long is left on the fixed term of the tenancy, if any?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I would advise that if your daughter goes into this, she at least goes into it eyes wide open.

 

Its not neccessarily a bum deal, but she mustnt think it is a tenancy, because it is not.

 

I would advise that bearing in mind that your daughter would have zero security, this should be compensated by paying less to friend A than half the rent.

 

The "proper" way to do this would be to approach the letting agency and ask them to either perform a formal assignment of tenancy or, more likely, ask them to mutually terminate the previous tenancy and create a new one with your daughter on the agreement.

 

If they went down this avenue, then the letting agent MUST (and it is in your daughters interests for them to do so) perform a full check out and check in, and return deposits then re-take deposits. I realise this sounds like a faff, but it prevents massive mess later.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Its OK its now the little star at the bottom of each post :)

 

And you are welcome, please come back let us know how your daughter gets on.

  • Confused 1

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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