Lease Conditions for Shared House Rental?

[JtB]

Where several students rent a house together, is the lease always on a "Joint and Several Liability" basis (which is where the landlord has the right to pursue one student for the unpaid rent and costs incurred by one or more of his housemates)? The reason I'm asking is because my son wants me to act as "guarantor" however I have no desire to accept liability for his housemates whom I don't even know.

 

[Archie_tect]

Don't sign it JtB...there are other houses, and other landlords...

 

[PK99]

Where several students rent a house together, is the lease always on a "Joint and Several Liability" basis (which is where the landlord has the right to pursue one student for the unpaid rent and costs incurred by one or more of his housemates)? The reason I'm asking is because my son wants me to act as "guarantor" however I have no desire to accept liability for his housemates whom I don't even know.

that was standard for houses in oxford when i was guarantor for my daughter!

 

[Brains]

Speaking as a Landlord, where the Student does not have the income to support the rent, then getting a Guarantor is essential, otherwise no student could ever rent anything.

If the landlord is only prepared to have one name on the contract (the head lessee) then the only option is to go elsewhere.
However the normal situation is to have multiple lessees and each are liable, you would need to contact the other guarantors (parents) to see if you trust them.

.... and now you know why most landlords have a 'no students, no DSS' rule, which is the modem day equivalent of 'No blacks or Irish' it's simply not worth the hassle (and that is before we mention parties, noise, quality of the housekeeping and that one year is classed as a long term commitment by students)


.

 

[Over The Hill]

It is a problem for all sides.
In halls (run by the university usually) the students have no control over who is in with them so each rents a share of the house individually.
Outside that arrangement the group is usually renting a whole house, so landlord is only concerned about getting the total rent. Problem is the students may drop out and leave a smaller number of students and their parents to foot the bill. Landlord cannot police this very well so will tend to pass the problem onto the tenants.
I think you are right to be concerned. Some safeguards can be put in place - one parent has the job of ensuring all the individual rents are in and the total sent out to the landlord. Or hold a months rent in hand (on top of deposit).
Worst case scenario may be - Damage; so loss of deposit. Others leaving or not paying rent. This is the problem one. Other student stops paying share but stays in house. Only damage limitation is to then give notice to leave for all students.

 

[ASC1951]

Where several students rent a house together, is the lease always on a "Joint and Several Liability" basis (which is where the landlord has the right to pursue one student for the unpaid rent and costs incurred by one or more of his housemates)?

Usually it is. Realistically a shared house - whether students or not - can only be let as a shared tenancy i.e. where the liability is joint and several. No sensible landlord would agree anything else.

The reason I'm asking is because my son wants me to act as "guarantor" however I have no desire to accept liability for his housemates whom I don't even know.

That's a different matter - this sort of provision is negotiable. Make sure, though, that your guarantee is limited to e.g. "rent shortfall or other defaults for which [your son] is personally as opposed to jointly and severally responsible". Most reputable student landlords would agree to such a limit.

 

[ASC1951]

Standard contracts are in principle a good idea, but with a shared house there has to be some element of joint liability e.g. for damage to shared areas, or for gas and electricity bills. It is not reasonable to expect landlords to cover that risk; and although the airwaves are always full of stuff about 'rogue landlords' many landlords have found to their cost that some students make appalling tenants.

 

[JtB]

That's a different matter - this sort of provision is negotiable. Make sure, though, that your guarantee is limited to e.g. "rent shortfall or other defaults for which [your son] is personally as opposed to jointly and severally responsible". Most reputable student landlords would agree to such a limit.

That sounds like an excellent solution - thanks.

 

[dellzeqq]

Where several students rent a house together, is the lease always on a "Joint and Several Liability" basis (which is where the landlord has the right to pursue one student for the unpaid rent and costs incurred by one or more of his housemates)? The reason I'm asking is because my son wants me to act as "guarantor" however I have no desire to accept liability for his housemates whom I don't even know.

just don't

 

[BigonaBianchi]

Im a landlord too and to be honest I'd have to be totally insane and desperate to let to a group of students...way to much risk and hassle..no thanks.
I think the chances of one or more of th egroup defaulting on the rent is high...well actually it's a certainty...so I say dont get involved at any level except with your own son.

 

[The Jogger]

just don't

I think I have, on a four bed flat in Putney, which could prove quite expensive if there are any defaulters but there wasn't really another option. So here's hoping.......

 

[Black Sheep]

Standard contracts are in principle a good idea, but with a shared house there has to be some element of joint liability e.g. for damage to shared areas, or for gas and electricity bills. It is not reasonable to expect landlords to cover that risk; and although the airwaves are always full of stuff about 'rogue landlords' many landlords have found to their cost that some students make appalling tenants.

Some landlords bundle bills into the rent, removing the problem of being chase for unpaid bills, In my shared house two peoples names were put on the utility bills and they were responsible for collecting the money and paying it.

with regards the contracts, renting a house to a group of people and having separate contracts for each room require the building to be altered in different ways, the latter requiring each room to be self contained and lockable with fire doors on each room etc (many student houses are like this anyway) and often the landlord requires an entirely full house before letting any of the group sign contracts, often a landlord can be persuaded to let a group of 5 rent a 6 bedroom house by them volunteering to pay a higher rent to allow for the missing tenant.

Often, someone just starting renting to students will be looking at a joint everyone liable for everyone else type contract as, either the house hasn't been signed off to allow individual rooms being let, or they're a bit worried about and setting out on renting to students.

I was looking round a house once with a group of friends and promptly walked out when told that rent was to be paid by post dated cheques in advance of moving in, I asked if we would be told when the cheque was going to be cashed so I could ensure the money would be there to be told "you've got your overdraft haven't you?"

A friend of ours has just bought a house in Birmingham to rent to his son's friends figuring that the price he paid will work out similar to paying rent for both his children (rent from this funds rent for other child elsewhere), after which he'll probably sell it again, hopefully for a similar price to what he paid.

 

[ArDee]

We acted as guarantor for our son in Sheffield, when he shared with 3 other one year and 6 others the following year - both contracts were for him as an individual, in neither was there an joint liability.

On a slightly different note a friend rented a shop, foolish boy didn't get anybody to read the contract, after he moved in he found he was liable for unpaid rates from previous tenants.