Once you have signed a contract, you have made a binding agreement to start the tenancy on the start date and ensure that everything agreed to is completed, such as paying rent, deposits and so on. 

If you are on a joint contract (which means you have all signed the same document, at broadly the same time (i.e. before the tenancy starts, for a new contract) this liability is joint and several - this means everyone is responsible for the full rent together and individually.

Sometimes one of the tenants on a contract may not want to move in. You will need to work as a group to resolve this. 

What is someone has not signed the contract?

If someone has not signed the contract it is almost always still valid for everyone who has signed - even if this is only one person, and those who have signed are liable for the full rent.  The contract is not "incomplete" because not everyone has signed it.

You will need to find other people to take up the remaining places, or split the cost and cover the rent and any missing deposit.

What if someone does not want to move in?

If one tenant does not want to move in you will need to find a replacement, or cover the costs of the empty room and any missing deposit. 

Everyone is still liable, including the person who doesn't want to move in so you will need to work together.  You have the right to agree or disagree with someone moving in, but it is best to be flexible and have an open mind, and also to be helpful with viewings, as you will remain liable for the rent as well as the person who is leaving.

What happens if someone just doesn't pay their share or doesn't turn up?

This situation can be very difficult, as unless that person formally agrees to hand over their tenancy, they still have a right to live there and if they chose to later and the landlord had agreed to someone else moving in this could be classed as illegal eviction.  You should take any steps you can to find the tenant and ask them to agree to leave the contract. If you cannot seek advice from Help and Support.

What if I do not want to move in to my shared shouse?

If you do not want to move in, you will remain liable (jointly if you are on a joint contract) for the rent. You should take steps to find a replacement. You will need to work with the other housemates to do this.  If they are not cooperating, come and speak to us and we can advise further, but we cannot make them cooperate if they are not doing so. 

If you need to pay rent elsewhere, as you would otherwise be homeless, you may need to prioritise this, but you will still be liable, so come and get some advice before making this decision.  

What if a tenant on a single contract, or everyone in a joint contract does not want to move in?

Check your contract for any break clauses. This is uncommon, but some student accommodation may have a break clause if you have signed remotely, or you do not pass your exams or pass your immigration requirements.

If there is no break clause you will need to find a replacement tenant, or group.  You can ask the landlord to place the property back on the market, but they can charge fees to advertise, and you will still be liable. 

What if I am leaving University, or have not passed my exams?

Properties let by Unipol will release tenants in some situations if they are leaving University for unexpected health or personal reasons.

If you are in private accomodation, you do not have to be a student to live there so you will need to find a replacement as above.

If you are in purpose built student accommodation, you will need to check your contract. If you can live there when not a student you will need to find a replacement.  If the contract states you must be a student then we would consider this and unfair contract term if they refuse to release you. If you are in this situation, seek advice from us.