Student threatened eviction by Landlord

tripleh_2

Hope this is in the right place. My son, in his third year at uni, took over a friends tenancy in a shared house. This was done with everyones consent including the landlord. Due to the circumstances it was decided that a new contract would be made out and signed in October when the next rent payments are made. The landlord charges FULL rent for July and August and the property should be ready for the new students from July. We visited the property on Wednesday to take some belongings ready for when my son moves in the middle of September and the house was disgusting. It hadnt been cleaned or repainted internally and was dirty and shabby. I phoned the landlord to complain and all he did was threaten to return my sons money and refuse to let him stay there. I would like to know if he can actually do this being as he has already accepted my sons initial 3 months payments, which was a bank transfer into the landlords account, or is he within his rights being as a contract hasnt been signed. I want to tell the landlord a few home truths but am afraid to as it would be nigh on impossible for my son to find somewhere to live at such short notice. Sorry for this being so long. Thank you.

anselld

Surely most Uni's there are places up for grabs in Sept as new students arrive etc. Sounds very much to me like getting back the money would be the best idea. Why, in any case has money changed hands without contracts being signed? If LL has had deposit and failed to lodge it in a recognised deposit protection scheme he can be sued for 3x deposit.

vicstick86

welcome to the world of sub standard sudent living! Im afraid this is what happens...having only left uni this year!
I lived in my fair share of !!!!!! house shares, dirty houses, falling off carpet, leaking ceiling, collapsed ceiling, lost my deposit!
Sorry I know this doesnt help but they have you over a barrel, with you giving them 3 months rent up front.
I think you'll have to put it down as a character building experience, uni landlords tend to be a law unto themselves....

It usually is a nightmare to get anywhere else at this time of year, as most accomdation gets sorted out over the summer!
I dont think the protection of the deposit is the same as normal lets....

someone will be along with more useful info im sure.

anselld

vicstick86 wrote: »

I dont think the protection of the deposit is the same as normal lets....

It is the exactly the same, there is no reason why students should expect to be treated as second class citizens! The problem is that no AST has been signed so strictly speaking no deposit is payable. OPs son has parted with cash for nothing in return.

Lokolo

anselld wrote: »

Surely most Uni's there are places up for grabs in Sept as new students arrive etc. Sounds very much to me like getting back the money would be the best idea. Why, in any case has money changed hands without contracts being signed? If LL has had deposit and failed to lodge it in a recognised deposit protection scheme he can be sued for 3x deposit.

^^ agree with that. If he treats you badly, show him whose boss.

clutton_2

ask LL for a tenancy agreement - then at least yuo will have some legal protection and you could ask the local council private sector lettings officer for help with any repairs issues

tripleh_2

Thanks to all for replying. My son doesnt want to join another house with people he doesnt know and everyone he does know are already sorted. The reason he took over the tenancy from his friend was because he was due to do a years work placement but at the last minute the placement was cancelled due to the recession. It was lucky he knew someone who wanted to withdraw from the house, so he took their place. The LL doesnt take a bond so the initial payment was rent in front, which is the way he operates. I suppose the question I am really asking is by my son paying rent upfront and the LL accepting it does that class as a contract? If it does then we are in our rights to tell him a few home truths without the fear of him returning the rent and saying there isnt a signed contract so my son is out.

anselld

I'm not a legal expert, but I suspect you have no tangible proof of tenancy (ie the right to occupy the property) until he has a contract.

The problem here could be one of moving into an existing tenancy, and that the other tenants have simply failed to clean the place. It wouldn't be the LL responsibility to do this normally it would be the outgoing tenants.

Do the existing Ts have an inventory describing the state of the place when they signed up? If so, your son will effectively be agreeing to return it in state described on the inventory, ie when the current tenants first moved in, because he is taking on all the responsibilities of the person who left.

You perhaps need to be careful to be sure it is the LL who needs the home truths, rather than the other Ts!

clutton_2

"" suppose the question I am really asking is by my son paying rent upfront and the LL accepting it does that class as a contract? ""

the short answer is yes - but - your "home truths" are not going to make your sons life any easier when he starts at Uni - it is him that has to live there - let him get on with it, let him talk to the LL and ask him to clean the house, and it will be a very valuable life lesson for him -

i am a LL but i do not condone what this LL has doen - far from it - but as you sayh other accommodation is very hard to find at this time in the year, and i sure your son would rather live with his chums than strangers - your son can find a better place for next year

you never know it might make him appreciate his mum and dad's home all the more !!

vikingaero

If your son does stay in the property take pictures of the grothole before you move things in - in case the LL tries to charge for anything at the end of the tenancy.

MissMoneypenny

clutton wrote: »

- let him get on with it, let him talk to the LL and ask him to clean the house, and it will be a very valuable life lesson for him -

I don't agree with this at all ! The bad student landlords rely on the parents keeping out of it so they carry on with their sub standard housing. The students are there to study, not to have to tackle these professional bad student landlords.

At my son's university, quite a few of the parents sued the student landlords and the univiersity too was very active in trying to get rid of any bad landlords. The universtiy wona landmark case against one of the landlords. Those parents who shout the loudest, get the most. These type of student landlords are only interested in making as much money as they can, so hit them where it hurts.

If your son doesn't want to move away from his friends, then get a contract and then sort the landlord out. Take photos of everything before you move in a give a copy of these to the letting agent straight away and ask them to sign for them. Keep everything in writing, so that you have proof of what has been said to the landlord and get proof of posting for every letter.

Contact the local council and ask them to inspect the house. They might find things that need sorting out that you didn't know about and can sort these out with the landlord for you.The council keep a list of problem landlords.

Keep the university informed of the problems you are having with this landlord. They too have lists of problem landlords and may even be able to help you. The student landlords dont want to be put on a university blacklist.

Is your son at a universtiy in a tourist area? Many councils are preparing for more tourists on the back of the 2012 games and are aware they have bad landlords in their areas and are trying to avoid these being used by tourists. Environmental Health was the department dealing with this in the area my son went to university and many parents sent them the proof they wanted.