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

LittleMe

Jowo thanks again

the contract is extremely vague on some of the points you raise. there is no heading stating what type of contract it is.

the only time it talks about notices is when the tenant damages the property, and the landlord must give a months notice before eviction.

in the case of subletting, there is NOTHING on the notice that must be given. but there is also nothing directly stating that a tenant can be thrown out if they breach the subletting term.

LittleMe

Jowo wrote: »

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.

thanks for this

however, if they do decide to go down the court order route, will i have to pay for the costs they incur in doing so if they get it?

DVardysShadow

I think the response you have received from the accommodation manager has been OTT. But as a Law student you ought to be thinking this thing through logically for yourself

Firstly as I understand it, subletting actually means charging rent for accommodation which the sub-letter himself rents. Now, presumably, given this definition, you could defend yourself against a charge of sub-letting [no BS, pls]. So the problem actually boils down to unauthorized guests. And as a law student, perhaps you should be checking definitions rather than jumping to the conclusion that the agreement ahs been breached?

Now, tell us if you have sublet or if you have had unauthorized guests. And if it is the latter, what does the agreement say about that?

In any event, you should remain in the accommodation until the picture is clearer. And going by the remedies in the agreement, I think you should sit tight until they produce court papers. As for the deposit, they can only withhold it for things which the agreement says they can withhold it for.

Jowo_2

LittleMe wrote: »

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.

How far along are you with your law course? A breach is a breach and while mitigating circumstances can be taken into account, they don't have to. Most clauses require you to seek permission and gain consent for this type of activity and you did not.

LittleMe wrote: »

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.

I assume that the residents are allowed guests because this right is enshrined in housing law and there is a statutory obligation to let them. Conversely, my assumption is that the landlord is legally permitted to forbid subletting and assignment. But the difference is that a guest is present while the tenant is there and is obliged to take full responsibility for their conduct and this is a critical difference to your activity - you are comparing apples with pears.

Jowo_2

LittleMe wrote: »

thanks for this

however, if they do decide to go down the court order route, will i have to pay for the costs they incur in doing so if they get it?

I believe that if a judgement is made in favour of the person bringing the case, the defendent does have to pay some modest court fees.

But don't get wound up about this, because firstly notice has to be served (and this can be lengthy according to the type of tenancy agreement) and then a court date has to be set (and this can also take months because of a backlog) so this isn't going to happen in the near future and I would think a sensible landlord would prefer to reach a mutually acceptable agreement rather than the time, expense and effort needed in getting possession.

The Shelter England website has a tenancy checker and a section that covers student accommodation. Read up on your rights now. Then come back to the forum and say what they are and what you plan to do to resolve your accommodation issues based on this.

LittleMe

DVardysShadow wrote: »

I think the response you have received from the accommodation manager has been OTT. But as a Law student you ought to be thinking this thing through logically for yourself

Firstly as I understand it, subletting actually means charging rent for accommodation which the sub-letter himself rents. Now, presumably, given this definition, you could defend yourself against a charge of sub-letting [no BS, pls]. So the problem actually boils down to unauthorized guests. And as a law student, perhaps you should be checking definitions rather than jumping to the conclusion that the agreement ahs been breached?

Now, tell us if you have sublet or if you have had unauthorized guests. And if it is the latter, what does the agreement say about that?

In any event, you should remain in the accommodation until the picture is clearer. And going by the remedies in the agreement, I think you should sit tight until they produce court papers. As for the deposit, they can only withhold it for things which the agreement says they can withhold it for.

thanks for your reply...

I can't find anything on unauthorised guests in the terms and conditions.

but i'm thinking of waiting for them to produce court papers now, while trying to come to some sort of agreement. thank u!

Jowo_2

Have you got a fixed term agreement? If so, when does the tenancy end?

pinkshoes

As no money changed hands, I can't see how they can classify this as subletting.

Also, they can't be classified "unauthorised guests" if you authorised them to be there.

So in reality, they are GUESTS. What does it say in your contract about guests? Does it state that you have to be present in the room at all times when you have a guest staying? Does it specifically state that guests are not to be left unattended in your room? Is there a procedure for signing guests in?

It also quite clearly states that any breach will result in eviction via COURT ORDER, so they can't just throw you out tomorrow!

It also states in the tenancy agreement:

2.3.1 the right for the Landlord and those authorised by the Landlord to enter the Room on reasonable written notice (except in cases of emergency) for any purpose mentioned in these Tenancy Conditions;

So how did he know they were in the room in the first place?

LittleMe

Jowo wrote: »

Have you got a fixed term agreement? If so, when does the tenancy end?

The agreement ends in mid July next year.

LittleMe

pinkshoes wrote: »

As no money changed hands, I can't see how they can classify this as subletting.

Also, they can't be classified "unauthorised guests" if you authorised them to be there.

So in reality, they are GUESTS. What does it say in your contract about guests? Does it state that you have to be present in the room at all times when you have a guest staying? Does it specifically state that guests are not to be left unattended in your room? Is there a procedure for signing guests in?

It also quite clearly states that any breach will result in eviction via COURT ORDER, so they can't just throw you out tomorrow!

The contract states nothing about guests...I've read through it a few times.

There's no procredures i'm aware of about guests. Students have guest staying over all the time and never inform the accomodation.

I thought they can't just throw me out like that. Also, if they threaten me I have rights, so I'm reading on the shelter website.

Jowo, I can't find the specific student section you are referring to on the Shelter site...could you possibly direct me to it? thanks :-)