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Housemate May Potentially Drop Out of Student Housing

We all signed a housing agreement for our student house, since then one of our housemates has fallen ill and is unsure about whether or not they'll be returning to university next year. Our first payment is due in July and its getting too late to get a new tenant in, obviously it would be ideal to find someone new if this housemate does drop out but it's not likely that we will, especially because we can't look for one because we don't know if they're in or out.

Where do we stand legally? I know that we're all liable for the rent as a collective, so that if they don't pay we have to. But can they even drop out of the contract and not pay the rent?
Reply 1
Avatar for jelly1000
jelly1000
21
Original post by HaveAPint
We all signed a housing agreement for our student house, since then one of our housemates has fallen ill and is unsure about whether or not they'll be returning to university next year. Our first payment is due in July and its getting too late to get a new tenant in, obviously it would be ideal to find someone new if this housemate does drop out but it's not likely that we will, especially because we can't look for one because we don't know if they're in or out.

Where do we stand legally? I know that we're all liable for the rent as a collective, so that if they don't pay we have to. But can they even drop out of the contract and not pay the rent?


technically no, and the landlord should chase them up for it and advertise to find a new person as should you. its always possible to find new people- i know quite a few people who got a new housemate at the very last moment (summer holidays) due to fallings out e.c.t.
however if the landlord can't get hold of the other person or fails to find a new tenant then they probally will ask the rest of you.
Reply 2
Avatar for noma5
noma5
Original post by HaveAPint
We all signed a housing agreement for our student house, since then one of our housemates has fallen ill and is unsure about whether or not they'll be returning to university next year. Our first payment is due in July and its getting too late to get a new tenant in, obviously it would be ideal to find someone new if this housemate does drop out but it's not likely that we will, especially because we can't look for one because we don't know if they're in or out.

Where do we stand legally? I know that we're all liable for the rent as a collective, so that if they don't pay we have to. But can they even drop out of the contract and not pay the rent?


You need to read your contract, it will tell you if you are liable if someone drops out or not.
Obviously take this with a pinch of salt, but from watching Judge Judy, the housemate who remains in the house has to fork out the full rent or risks eviction / loss of security deposit. This means that they're also forced into being responsible for finding a new housemate.

Legally, he's not allowed to up and leave without paying his dues, so you will be able to sue him at a later date to recoup the money you've paid. Edit - however, if there was a legitimate reason for him breaking the terms of his contract, then he wouldn't be held responsible. Stuff like being raped by another housemate, fearing for his safety, violence, drug taking / other illegal activity...etc.

I must stress that this is from watching a countless number of episodes of Judge Judy so it might not be the most accurate of advice.
(edited 10 years ago)
Original post by noma5
You need to read your contract, it will tell you if you are liable if someone drops out or not.


This is correct as many student houses have sepeate ASTs or licence agreements for each resident.

Posted from TSR Mobile
Assuming the contract includes the phrase jointly and severally liable, you're all equally liable for the rent, including your housemate who wants out. Most landlords will go after the defaulter first, followed by their guarantor, but they could equally take any party involved to court for the full amount, and win.

Posted from TSR Mobile

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