Quote:
Originally Posted by gabbi8856
Hi MTG
We only got the email last night saying that she needs to move out. Something about her parents getting divorced but im always sceptical about these things.
Im not sure the other girls know yet. They are jointly and severally liable for rent and the deposit is held as one lump sum so they stand to loose a lot of money if she/they dont find someone new. They were made fully aware of this when they signed the contract so it shouldnt be a big shock.
Do you have any advice for me? Im hoping it wont come to it but if she runs off and leave me/them with an empty room and no rent how am I going to get an extra £20 off each of them every week to cover? We have standing orders set up and I cant see the other 3 simply handing over more money. Should I pursue her for the money or them? Im guessing I cant start any sort of court proceedings until the tenancy finishes anyway (July 09) as id still getting 3 out of 4 rents coming in. Ive told her she must continue to pay her rent and shes said she will but this is all new to me so not sure what to do if she doesnt?
Cant believe this has happened! 
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Sorry to hear of what's happened, but don't panic just yet!
If she definitely leaves, you need to write to her by registered post at her parents' address, spelling out her legal obligations with regard to the tenancy, i.e. that she is liable to pay the rent and bills until July 09 unless another tenant is found to take her place. Ask her what arangements she has made to find someone else. Send a copy of this letter to her guarantor (presumably her parent) so they know what is going on. Make it clear that if you have to sue them for the money they may end up with a county court judgement against their name - most parents wake up at this and pay up, if they can.
Send a copy of this letter to the other three and explain that as they are jointly liable they should be aware that their friend has left and that someone else is needed to take her place.
Technically this is
their problem, not yours, but unless they have another friend who could join them (as they sometimes do), it's up to you whether you insist they find someone, or produce someone yourself via the websites mentioned above. Also contact the University Accommodation Office, who often have lists of individual students requiring a room even at this stage of the year - and others, mainly international students, come and go all year. Make it clear that the 4th person's rent must be paid until new tenant moves in.
When you find someone else, you'll have to draw up a new AST for the new group of four and possibly re-protect their deposit (not sure about that) - and you should charge them for any extra admin. caused by tenant leaving.
Worst case scenario - (very unlikely) - no suitable new tenant agreeable to everyone (inc you) is found. In that case, you will have to sue the four tenants jointly for any rent still unpaid by July. If your TA allows you to take it out of their deposit and that's enough (unlikely), all welll and good. If not, it's an online claim plus contesting return of deposit (which you have protected, I assume?)
If the students themselves have no money you will have to go after the guarantors.
Good luck.