Monica
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I have an HMO 4 bedroom house in Brighton, rented to 4 Brighton University students on a 12 month jointly liable AST from 9th September 2020. All four tenants signed the AST. Two were already living at the house and therefore stayed on, signing the new AST. One other tenant has moved in. The fourth tenant (who does not know the other three)has not moved in and told me, after the tenancy had started, that she could not go ahead with the tenancy as she had decided not to go to University after all. She had paid me a deposit. I did not take a guarantor! Therefore she is approaching the 8th November at which stage she will be two months in rent arrears.
She says she was late informing me because the University was late in making her an offer due to COVID issues. I have said the only way I can release her from the contract is if she finds a student tenant to take her place. I have offered to assist (advertising and hosting viewings) but the tenant has not come forward with anyone. Neither have I been able to rent the room myself despite substantially reducing the rent to attract someone.
I have informed the tenant that she is legally liable to pay me the full 12 months rent and that I can take her to Court if she fails to do so. She claims she has no means to pay as she doesn't receive a student loan (as she is no longer going to University) and does not have a job. What are my options as I am reluctant to make the other three tenants pick up this liability. My AST does give me the option to evoke the jointly liable clause or to pursue a student tenant individually. Evicting her is not really relevant as she hasn't moved in anyway. Additionally I would want to recover 12 months rent from her and, at this moment in time, the tenancy has not run for 12 months! I am also mindful she has never collected the keys although she was invited to do so on the date the tenancy started. What are my options?
