PLEASE HELP! I'm being THROWN OUT of my student accomodation...

LittleMe

Hi

I just want to say first that i really appreciate any advice any one is able to give me. thank you for reading this.

well, i'm a student in sheffield about to go into my third year. anyway, i signed my tenancy agreement with the accomodation owned by UNITE a few months back, paid my deposit and everything. this agreement started just a few days ago.

now i've got a couple of mates who are in sheffield on work placement till the end of sept. they are also students. but it's not worthwhile for them to get student accom for one month or any private accom (they couldn't for one month). so i decided to let them stay in my flat for the past few nights while i was still back at home with parents. i didnt intend to move into my accom until sometime next week.

anyway, the manager of the accomodation found out that i was letting my mates stay there while i want present. and now the manager is demanding that i have to leave the accomodation by tomorrow. i've only had a few days notice and am panicking to find something else. i'm also feeling physically unwell because of the siatuation...

the manager said that they will find me a replacement tenant if i leave by thursday and only keep my deposit. if i dont leave by thursday, i will have to find a replacement tenant (which includes paying rent until i find someone) and still have to leave. as you can see they are giving me no options, i lose out both way and i dont think this is fair. i honestly feel like im being bullied by the manager and other staff of the accom, who want to see me out.

anyway, i'm a law student and don't think this can be right. can they really tell me to leave like this? can they force me out? was what i did a breach serious enough to terminate the contract?

i'm unsure what my rights are, and i'm stuck. i'm trying to find an accomodation in sheffield without luck and have to have my things moved out by tomorrow.

i honestly don't know what to do, and my parents are just as clueless as i am.

i would be grateful if anyone could help me out in the situation. thank you so much for reading this.

please let me know if you need anymore information :-)

robin_banks

You've been subletting, I doubt very much this is permissable, check the T&C's of your lease.

As to whether or not you're going to be kicked out are you sure you didn't recieve any previous correspondence?

Jowo_2

If you don't get swift and accurate advice here, then contact Shelter or Citizens Advice asap. I suspect a lot of forum members here don't have much knowledge of student tenancies, in case the one at Unite is covered under that rather than conventional ASTs which do offer strong protection against illegal eviction and require longer notice.

What type of tenancy agreement is it that you have, what does it say about notice periods by the landlord, etc? It's probably a clause after the one which says you have absolutely no right to sublet the property without permission, even if its convenient for your mates. For a law student, I'd have thought the Ts and Cs in the contract are the first you would consult?!

Quite often, depending on the type of tenancy, as long as the correct notice is served, a landlord does not have to give a reason at all. It's not like being in employment where an employer has to give verbal and written warnings (in case you've studied employment law). In anyway, subletting is an extremely serious breach letting complete strangers into the property without the knowledge and consent of the landlord.

Frankly, I'm not surprised that the landlord prefers to serve you notice but others will be able to advise if its an illegal eviction where they have no right forcing you to leave with that short a notice period, whether there is any obligation for you to find a replacement tenant (since they ended the tenancy, not you) and their right to keep the deposit at all (since deposits are usually for damage and arrears, not other breaches of the agreement).

LittleMe

thank you for your reply..

is it still considered sub letting even if i have no financial gain?

i've read the terms & conditions and i'm pretty sure what i did was wrong. i'm not arguing against this.

i've had no previous correspondence. the accomodation found out just under two days ago. i had to come back to sheffield on monday night/tuesday morning (at 2.00am). spoke to the manger yesterday morning who gave me the thursday deadline.

i feel like i'm being bullied out of this accomodation. even if i did breach the conditions, surely i have some rights?

Out,_Vile_Jelly

As a law student you presumably carefully read your contract, which would have included a sub-letting clause (standard in most rental agreements)? What is an Accommodation Manager supposed to think when they find several random strangers in a room reserved in the name of someone else? That kind of thing would get them in serious trouble with fire safety regulation.

You've almost certainly breached your contract and are liable to some form of penalty. Try speaking calmly to the manager and explain you didn't realise the serious nature of your actions and are happy to pay a penalty (perhaps into some communal fund) in order to maintain the room.

Morglin

Ask your student union for help.

Lin

g_attrill

As mentioned check what the lease terms say. If you were charging them money then it may well be a serious breach - if the friends said something like they would be paying the cost of the rent then you might be stuffed. If not, then it might breach the terms that say only you can stay overnight, or guests only while you are there - I would have thought a breach like that wouldn't be enough to terminate the contract, although you mention it was planned to continue for a month which is quite a long time.

Anyway, from what I hear there is quite a lot of student accommodation available so I doubt you will be without a place to stay, only losing the deposit?

edit: Here are the terms and conditions, it does mention not sharing:

http://www.unite-students.com/unite-stage2/static/england-termsandconditions.page

...
The Tenant will not sublet the Room or part with possession or share occupation of the Room or any part of it under any circumstances.

LittleMe

thanks for your reply Jowo

the tenancy agreement doesn't mention anything about notice periods. it just mentiosn the terms and conditions of the landlord, and does state that the room can't be sublet.

at the end of these it reads, under Agreements and Declarations, that if there's been a serious breach, non-performance or non-observance of the tenant's obligations, the landlord may apply for a court order stating that the landlord shall be entitled to reposess and enjoy the room as if the tenancy agrement had not been granted.

i understand what you are saying about complete strangers, but both of them had stayed in that same accomodation the previous year and letted out their appartments for the summer too.

and agree with your final statements - why should i be asked to find a replacement tenant if they are ending the agreement?

and why are they keeping my deposit/bond?

thanks for your advice

Jowo_2

LittleMe wrote: »

is it still considered sub letting even if i have no financial gain?

Your financial gain is irrelevant to the significant breach in handing over your key to your pals who were not entitled to live there. The main reason why landlords are averse to that practice is that it causes a loss of control as to who is in the property and all the attendant security concerns and lack of responsibility on the part of the tenant.

LittleMe wrote: »

i feel like i'm being bullied out of this accomodation. even if i did breach the conditions, surely i have some rights?

As long as the correct notice has been served, the deposit is not unfairly witheld and the organisation isn't imposing anything on you that isn't supported in housing law, then you aren't being bullied, even if you don't agree your actions warrant being served notice.

Unfortunately, until it is clear what type of tenancy agreement you have, I think forum members will struggle to advise you what rights you have. Most forum members have good knowledge of lets with private or social landlords.

I'm not sure whether there is another type that covers student/hostel/hotel type accommodation and how this could operate - I once had a summer job in a University accommodation office many years ago in Scotland and it appeared that they had no problems swiftly and legally terminating the tenancies of the students in halls but I don't know the specifics in your type of accommodation in England now.

What does your contract say it is? An Assured Shorthold Tenancy, for example? What is the header on it? What does it say about notice periods, retention of the deposit and so forth?

LittleMe

Out, Vile Jelly, thanks for the reply.

i understand, but they weren't complete strangers. both had stayed in the same accomodation the year gone AND during the summer until just a few days before they moved into my place.

one of them even worked in that same accomodation until a month ago.

i will try talking to her along the lines of what you recommended. thank you

g_attril thanks for the reply.

no money was being charged at all. the other things is one of my friends was moving out today anyway, yes the other is there til the end of septemeber but i was moving back this weekend coming. i'm allowed to have guests while i'm there.....ALL students do this, and have friends/partners staying over now and again.

thanks for your replies everyone

Jowo_2

LittleMe wrote: »

at the end of these it reads, under Agreements and Declarations, that if there's been a serious breach, non-performance or non-observance of the tenant's obligations, the landlord may apply for a court order stating that the landlord shall be entitled to reposess and enjoy the room as if the tenancy agrement had not been granted.

Then tell the accommodation manager that you aren't moving out until a court order for possession has been made, as per that section of the contract and/or that if they are happy to let you surrender the agreement, then you are amenable to a mutually convenient moving out date when you've found onward accommodation and a replacement tenant, if the latter is their condition for it taking place.

The Shelter website has a tenancy checking wizard on their website that should give you good pointers on your rights.