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

DVardysShadow

pinkshoes wrote: »

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

I can't find that bit, but let's assume there is at least plausible deniability. A lot changes if there is not.
edit: found it - #4

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

I introduced the term and I meant 'outwith the scope of the tenancy agreement'

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?

Sometimes there are conditions on guests such as length of stay, etc. If these are breached, the guests would be unauthorised.

Jowo_2

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.

If the landlord did not authorise the 'guests' then I guess they should be considered as 'unauthorised' ones - the tenant had no right to authorise them to be there !

I think we are going down the wrong route here and we should focus on whether the accommodation provider has any right to expect the tenant to leave at such short notice, arbitrarily retain the entire deposit as a penalty for the breach and force the tenant to provide a replacement in those circumstances.

If (and that's a really big IF 'cos I can't get into their site to look at the Ts & Cs) the tenant has an AST and is within a fixed term period, they are pretty much unevictable through the courts except if they have significant arrears, for example, plus their deposit would be protected and be subject to a dispute process.

Whether we want to call it something other than subletting and query the right to guests, as far as I am concerned the OP was extremely complacent about her responsibilities as a tenant and the fact they were not aware their assumptions were wrong is an irrelevance and it is understandable that the behaviour has angered the landlord.

I'm sure a large accommodation block cannot function if the tenants hand over their keys to pals willy-nilly. I believe the accommodation manager is right to serve notice on the tenant and ensure that this practice never flourishes. What kind of parents want to send their kids to a block where anyone could be living there?

Kitten_Pie

I'm not an expert in this however a few months ago i had a tenant who was quite clearly subletting. There were 12 people subletting a 2 bed flat. When i tried to get them out i had to legally give 2 months notice before the courts would even look at it no matter what they did as a landlord i had to give 2 months. Even if they had not paid i would still have to give the required notice.

Hope that this helps.

Jowo_2

LittleMe wrote: »

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

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 :-)

We covered this before - if you aren't present, they aren't your guests as you aren't there to host them! What wasn't clear about the difference between a guest, escorted by the host, and handing over the key to someone who isn't entitled to live there?

I can't give you a link because I'm on a train and the wifi is too weak to operate another window. The Shelter site has an advice section that is split between private, social housing and student tenancies, plus a link within it to a tenancy checker so a person can understand what type they have.

LittleMe

Jowo wrote: »

We covered this before - if you aren't present, they aren't your guests as you aren't there to host them! What wasn't clear about the difference between a guest, escorted by the host, and handing over the key to someone who isn't entitled to live there?

I can't give you a link because I'm on a train and the wifi is too weak to operate another window. The Shelter site has an advice section that is split between private, social housing and student tenancies, plus a link within it to a tenancy checker so a person can understand what type they have.

Jowo

the first part of the message was directed to another poster who said it was not subletting and they are probably to be treated as guests.

thanks, I'll have a look at the site again.

welshy_2002

Go to the Union and talk to someone.. That's the best advice anyone can give you on this.

Yes you did wrong, but the reaction is way over the top. This happens a lot.

Go to Union and talk to Accommodation officer. UNITE will jump through hops to Keep the Uni happy.

This is from an Ex Hallam uni student who still lives in Sheffield..

All the best

princeofpounds

You are getting a lot of scattered advice here and only some of it is likely to be of relevance.

The first thing to establish is what sort of tenancy you have - is it AST or institutional accomodation? They are covered by entirely different rules, and it's impossible for us to say which it is as this could be a UNITE-run block contracted by the university, or you may have hired it privately. Contact UNITE to ask if you have to, although it should say somewhere on the contract (I note that you say it doesn't, which is odd) - you don't have to speak to the manager, there should be general contacts.

If it's an AST, you really don't need to worry. If they do chuck you out, it will be an illegal eviction and they will be heavily fined and maybe even imprisoned. You cannot be made to leave without a court order, and an application on the relevant discretionary grounds would probably be chucked out by a judge once all was explained. If you do have an AST then we can offer you lots of advice as it's the most common form of housing law.

Institutional academic lettings afford you less rights, and i'm not entirely sure of the rules but experts will be. I still doubt they can chuck you out with little notice.

Now, where to go for proper advice?
- Student's Union. They have established deal with a legal firm through the NUS that can give you free advice.
- University housing office. They are able to offer advice, liaise with UNITE and may also be able to access free legal advice for you. They will probably also be able to explain the relationship between UNITE and the institution.
- Your personal tutor or residential tutor at univeristy, who are there to help with pastoral care.
- The university councillor is not just for depression - they will also be able to help you with practical issues like these that create stress, or at least put you in touch with people who can.
- A local lawyer will probably offer you a free half-hour consultation.
- Shelter and CAB are both free advice for these sorts of problems.
- Try posting on landlordzone forums too, where there are residential law experts.
- Try contacting the block manager's supervisor, who might be a bit more intelligent.

Now, a quick note on what you did. Yes it was wrong and a bit stupid, but it wasn't malicious or for personal gain. They are overreacting, and although to be fair they probably can't be sure who these people were or why you had them there, a little common sense would have sorted the whole thing out.

Because you weren't living there at the same time, they weren't guests. So you probably were subletting (money chaging hands isn't really an issue). Of course we both know that they were really guests to all intents and purposes. Contract law in normal lettings by the way cannot bar you from having guests, such a thing would certainly be deemed an unfair clause as what someone does in their own home is no business of the LL if there is no damage or other adverse consequences.

princeofpounds

OK, more interesting stuff. Unite are signatories to the ANUK code (as it says on their own website). It is included below (assuming this is the correct version, there are a couple depending on the type of arrangement), look at section 6 onwards. You are due a written reply on all disputes, so do ask for one in writing yourself before deadline day with a reminder of this code of conduct. If the manager is not courteous or violates other provisions, complain to them as per section 7.

There is also a test for whether the place is private provider or university-managed, which will probably determine what sort of tenancy you have. And a flow chart for complaints.

http://www.anuk.org.uk/LargeCode/Largercodeprivate.pdf

To be honest, I think with all these resources you will win out in the end. The key thing is to make the point to all parties that you jsut want to be left in peace, and that this isn't going to happen again, and that you will gladly apologise for what was an inexperienced mistake if they just calm down a bit!

silvercar

UNITE generally let on ASTs. (Unless the uni is short of first year accom and block books some UNITE flats - but then your agreement would be with the uni.)

One of UNITEs selling points is the security it provides to its students, including the provision of wardens and pass keys to gain access. I suspect this is why they are extremely unhappy that you are letting without being there and possibly without having taken up residence yourself.

SouthCoast

I addition to Shelter, Community Legal Advice can be found here:

http://www.communitylegaladvice.org.uk/index.jsp