PDA

View Full Version : Student house - separate or joint AST



Nicky
13-02-2008, 17:18 PM
For a student house, is it best to have a joint AST or a separate one for each tenant. What are the pros and cons for each method ?

jeffrey
13-02-2008, 17:27 PM
For a student house, is it best to have a joint AST or a separate one for each tenant. What are the pros and cons for each method ?

JOINT

PLUS: One letting to 2/3/4 people. All jointly and severally liable for 100% of total rent (and outgoings, if so specified).
MINUS: Inflexible, e.g. if one wants to leave. Cannot have differing provisons for individuals. Cannot let to > 4 people.

SEPARATE

PLUS: Flexible. Can have differing provisions for individuals. Each can have own guarantor limited to that individual's rent etc.
MINUS: One letting each, so extra paperwork. More scope for rent defaults.

PaulF
13-02-2008, 18:27 PM
Sorry but you can let to more than 4 people on one agreement, it's just that only the first four named can be held legally responsible.

Also separate agreements are a big problem when assessing dilapidations because it's almost impossible to do so - so one agreement is usually best.

jeffrey
14-02-2008, 10:46 AM
Sorry that your're sorry, Paul f, but you're wrong.
L CANNOT let to > 4 people. See s.34(2) of Trustee Act 1925.
The surplus people (no. 5 +) can be licensees and can be bound by payment obligations- but they cannot be tenants.

pcwilkins
14-02-2008, 11:08 AM
you can let to more than 4 people on one agreement, it's just that only the first four named can be held legally responsible.

What's the point of the others being on the agreement, then? :confused:

Peter

jeffrey
14-02-2008, 11:14 AM
For person 5+, I'd recommend a Supplemental Agreement between L and each supernumerary person occupying (O).

L allows O to occupy jointly with T1-4 and any other supernumeraries.

O agrees with L that O will (jointly and severally with T1-4 and those others):
a. pay rent;
b. observe and perform all Tenancy obligations; and
c. comply generally with Tenancy Agreemment as if O were one of T1-4.

Surrey
14-02-2008, 21:58 PM
When I had a situation where 4 tenants wanted to get another person in, AST my contract had a clause that allowed sub-lets, on strict condition that they did not bestow any rights over and above the rights they themselves had. So the fifth person had fewer rights but also fewer responsibilities, and the other 4 were the ones who were responsible for all of the rent.

It worked ok in that situation, can you see any reason why that would NOT be a sensible approach?

jeffrey
15-02-2008, 10:07 AM
When I had a situation where 4 tenants wanted to get another person in, AST my contract had a clause that allowed sub-lets, on strict condition that they did not bestow any rights over and above the rights they themselves had. So the fifth person had fewer rights but also fewer responsibilities, and the other 4 were the ones who were responsible for all of the rent.

It worked ok in that situation, can you see any reason why that would NOT be a sensible approach?
That sounds OK, except that L has no enforceable rights against person 5.