Leaving the relatively safe University provided accommodation into the hard world of private rentals raises important issues. Parents will often be required to guarantee their children’s liabilities under the tenancy agreement. That can be a problem as most tenancies express that the responsibility of each occupant is joint, so each is liable for the other’s default. The landlord can look to any or all the students and their guarantors.

The problem may take the form of a student leaving their course and vacating so not paying the rent or simple breakages. Unfortunately, even in cases where the fault lies in one direction there is no legal right that permits you to recover from another parent guarantor any sum that might end up being paid out to a landlord for any claim. The only way that would apply is where at the outset the various parents have entered into a separate contribution agreement to cover any such claims. While possible the practicalities of such an agreement being put in place is rare. Make sure that all the housemates are suitable and committed to include for the entire tenancy term, and beyond that do the following:

• Prior to agreeing to any property, get help from the university housing team. They will often have enough previous horror stories of bad landlords to know who to avoid if possible.

• Make sure a written tenancy agreement is provided and make sure all concerned read it to be familiar with what it provides. It especially needs to be borne in mind that the tenancy may well be on the basis that it commits the tenants to a term that extends into the summer holiday and as such, rent for that will have to be paid. It is likely as well that a student cannot just leave midway without leaving the others having to keep up with the full rent payments.

• Make sure that if not before, that on the day the students move in, a full photographic record is taken which is date proofed highlighting any damage in the property whether flooring, windows, walls, or furniture. Have a good look at the beds/furniture for damage. Send copies to the landlord/agent to highlight those if they have conveniently ignored those when providing their own record (if indeed they do).

• Where a deposit is paid it is better to do so directly rather than via your child as that would mean you become legally a “relevant person”. That means the landlord/agent are supposed to provide you directly with details as to the deposit called the “prescribed information”. This is commonly overlooked, and its absence provides a claim that would entitle you to a refund equivalent to at least the deposit irrespective of any damage claims that might be set against it.

At the outset do bear in mind that following the Tenant Fees Act 2019 the landlord/agent is limited to a pre-tenancy holding fee equivalent to 1 weeks rent only, a deposit of not more than 5 weeks rent and is not able to claim set-up fees; credit check fees; inventory check-in/out fees nor any fees for professional cleaning services.

Also bear in mind that just because a landlord claims a guarantee from you does not necessarily mean there is an enforceable one. To be so, a guarantee must be in writing and signed to, even if sometimes that can be electronically. There can be other legal issues arising for, instance if between the giving of the guarantee and the claim, key features of the tenancy change.

Where there are potential claims against the deposit, the prescribed information will set out how to run a dispute and it is important to follow that and their timetable for raising that. While many an aggrieved landlord may be justified in their claim equally inflated claims are not uncommon.  Arguments over wear and tear and new for old often arise and with the distance many simply write off their deposits unnecessarily. Good communication between the respective parents and students is key to running any argument through the deposit protection channel.

If you would like to contact us to discuss anything mentioned in this article, please contact Tim Selley, a Partner at WBW Solicitors in Exeter, on 01392 260141 or email timselley@wbw.co.uk.

WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey,  Exmouth,  Honiton,  Sidmouth,  Launceston,  Axminster, Chard and Seaton.

This article is intended to provide information only and reflects our understanding of legislation at the time of writing. Before you make any decision, we suggest you take professional financial advice.