Student trying to get out of a tenancy agreement

AmyDee_3

I'm still not sure what to do, went into Citizens Advice to book an appointment but they said they can't really help with my case and the best thing is to talk to my lettings agent.

I was really hopeful about a girl looking at the property today, booked in a few days ago. She ended up cancelling half an hour before the appointment because she had found somewhere.

I really can't cope with any of this anymore. I'm completely lost for what to do. I've been floating around peoples houses for over a month now and have just paid another month of rent. I'm constantly worried and upset all the time and my university work is suffering, I just feel like packing it all in and going back home to London at this point. At least I'll have a home then.

Fire_Fox

Have you asked the letting agent for a copy of the contract and a written explanation of how the changes were authorised yet? Have you spoken to your university accommodation advisors?

edgex

AmyDee wrote: »

I'm still not sure what to do, went into Citizens Advice to book an appointment but they said they can't really help with my case and the best thing is to talk to my lettings agent.

I was really hopeful about a girl looking at the property today, booked in a few days ago. She ended up cancelling half an hour before the appointment because she had found somewhere.

I really can't cope with any of this anymore. I'm completely lost for what to do. I've been floating around peoples houses for over a month now and have just paid another month of rent. I'm constantly worried and upset all the time and my university work is suffering, I just feel like packing it all in and going back home to London at this point. At least I'll have a home then.

talk to your uni
they will have a student advice centre, or an accommodation office, which can help with these sorts of issues. they may also be able to arrange emergency accommodation for you.
or, the student guild/union will have a support officer, who can help.

AmyDee_3

I'm techinically at a college. Its all university level but because its specialized, its not classed as a university so we don't have any sort of accomodation advice etc.

I spoke to the Saturday staff at the estate agents and they have emailed me a copy of their tenancy agreements they use for students which I would have signed (I remember all of us signed the same contract, not separate ones).

I'm still confused regarding this new tenant. They have said that only one of you needs to agree. I have only ever heard that everyone needs to agree, or just the landlord needs to agree so I'm not sure which it is? The estate agents said that the other tenants said no to the man who wanted to sign moving in probably to be awkward but theres nothing they can do about it because not wanting to live with a male in an all female household is a valid reason for saying no?

I worked in a lettings agents for a year, I might give them a call and see if they could advise me at all. I'm sure my old boss would be more than willing to help me out, I got on with everyone there.

(I've tried posting a link to the tenancy agreement as I've uploaded it but as a new user I'm not allowed to post links. The title of it is 'TENANCY AGREEMENT
For letting furnished Property on an assured shorthold tenancy under Part 1 of the Housing Act 1988' if that helps at all?)

Fire_Fox

AmyDee please re-read the thread and start doing exactly as we suggest: all colleges have a student union and student advisors. Get the lettings agency to explain in writing what changes have been made to the original tenancy agreement and how this has been authorised. You will get fobbed off if you keep dealing with this verbally as the lettings agency know you are young and inexperienced. You must get a copy of THE tenancy agreement you all signed NOT one that might or might not be the same! If the other tenants are allowed to veto a male replacement for you, then you are allowed to veto the professional.

tbs624

Amydee -being told to talk to your lettings agent is poor advice, because the LA acts for the LL not for you as a T and many of them are woefully ignorant of the finer points of LL & T law. You must, unfortunately, have been dealt with by someone at the CAB who has also little experience of LL and T issues.

Reliable sources of advice, apart from a Uni/College accomms/welfare officer, are the private sector rentals officer at the local Council and /or Shelter 0808 800 4444. They give advice & support on a whole range of LL and T issues, not just matters relating to homelessness.

You should make sure that your Uni/College Tutor has written notification of your current situation too so that the stress you are undoubtedly under can be taken into account with your studying.You should have a copy of any tenancy agreement or other document you have signed, as Firefox says, and you are legally entitled to know the name and address of your LL btw - *write* (rec delivery) formally requesting the information from the LA. They have 21 days from receipt of that letter to pass the info on or they will be committing an offence.

Does your name and signature appear on a new tenancy agreement or a deed of assignment or not, as I don’t think you have said unequivocally? Or did you sign, under pressure?

If you definitely did not agree with the LA/LL and your fellow tenants that the original contract should be brought to an end and you didn’t sign a new agreement or a Deed of Assignment , then the LA/LL has acted wrongly.Within the Fixed Term of a J&SL contract they need the consent of all parties to make changes - you are bound to cover one another's defaults so cannot simply have a random new party imposed without everyone's agreement, and signature. Woldview’s post above gives you some good info.


On the side issue of the CT liability the whole of that rests either with the LL (esp if the property is an HMO) or with the “professional” who would have to pay 75%, as if living there alone if the student occupants have all sent in certification of their Uni registration.. Under the Local Govt Act 2003, it has not been possible (since 1 April 2004) for students to be held liable for the council tax debts of those fellow householders who are classified as non-student.


For anyone who has problems with the behaviour of fellow tenants (who may or may not be the original partners to the contract) its always worth checking your tenancy agreement for a clause prohibiting the causing of nuisance to neighbours or other tenants and insisting that your LL/LA takes the matter up.

AmyDee_3

Okay, so I'll write a letter to my LA asking:

Have any changes been made to the original tenancy agreement, if so, what are they?
If there is a new agreement, is the old one void? Is the new agreement only valid if I sign it?
Did I not need to sign the deed of assignment if there was one?

I think thats right? I'm not really sure, its all very confusing.

My old boss told me the only thing I can do is keep looking for another tenant. I've been looking for a month and a half now to no avail though.

tbs624

Jowo wrote: »

I agree with G_M that if you have a joint tenancy agreement, reminding them that they are responsible for your unpaid rent should you abscond, should make them less fussy about the replacement tenant and that perhaps you should just okay with the landlord, rather than them.

Not possible - the joint tenants have to agree to the replacement as well as the LL, see previous post.

Jowo wrote: »

But you also have to remember that it's fairly easy for the tenants or landlord to employ a tracing agent at modest cost who could find where you've moved to, plus consider any impact from a bad reference or bad credit reference if you get a CCJ against your name.

In this case, the LL/LA may not have observed their own contractual obligations, so would be likely to struggle to satisfactorily pursue the T for non-payment of rent.

Jowo wrote: »

You also have to remember that Landlord's do not want to be bothered with tenants relationship problems - tenant disputes are the responsibility of tenants to resolve, so you have to think about appealing to the landlord's pocket (namely that they'll suffer no loss by your early surrender of the tenancy).

This seems to be more than a "tenant dispute" or "relationship problem" Even without the added problem of the lack of consent from all the original Ts for this new T to join the household, a LL/LA who has been notified that some Ts are smoking at the property despite a non-smoking clause should be pro-active in dealing with the matter.

Fire_Fox

AmyDee wrote: »

Okay, so I'll write a letter to my LA asking:

Have any changes been made to the original tenancy agreement, if so, what are they?
If there is a new agreement, is the old one void? Is the new agreement only valid if I sign it?
Did I not need to sign the deed of assignment if there was one?

I think thats right? I'm not really sure, its all very confusing.

My old boss told me the only thing I can do is keep looking for another tenant. I've been looking for a month and a half now to no avail though.

Don't ask questions that have a simple yes or no answer, ask for a copy of the tenancy agreement that you signed, and an explanation of what changes have been made and how they have been authorised. Basically open not closed questions, we don't think what the letting agents have tried to do is legal so you want them to tie themselves in knots.

tbs624

AmyDee wrote: »

Okay, so I'll write a letter to my LA asking:

Have any changes been made to the original tenancy agreement, if so, what are they?
If there is a new agreement, is the old one void? Is the new agreement only valid if I sign it?
Did I not need to sign the deed of assignment if there was one?

I think thats right? I'm not really sure, its all very confusing.

My old boss told me the only thing I can do is keep looking for another tenant. I've been looking for a month and a half now to no avail though.

Amy - you must know whether you and your co-tenants have ALL signed either (a) a new tenancy agreement or (b) a deed of assignment?

If you signed neither of those documents then your LA/LL has a problem, and your former boss's advice is not right. Your fellow Ts and your LA cannot simply render the original contract void/make changes to it during the Fixed Term without your agreement as one of the joint signatories.

If you did not sign to agree to this replacement T then you may want to write to the LA saying something along the lines of :

Property address - original Fixed Term tenancy from xx/xx/xx to xx/xx/xx , original tenants : names 1, 2,3 ,4

I did not consent to a new T , Caroline Chainsmoker, joining our household on (date) in place of Tina World-Traveller, an arrangement which seems to have been made/finalised in my absence . I did not consent to the ending of the original Fixed Term Tenancy Agreement signed by us all, and neither have I signed either a Deed of Assignment nor a new Tenancy Agreement , so I would like you to confirm your understanding of the Tenancy Terms currently applicable to this property.

The new T is a non-student and smokes at the property( as already notified to you): the original let was agreed as a student household , subject to a non-smoking clause within the tenancy agreement. These were both key factors in my decision to sign up for the original tenancy.

Please would you also let me have the LL's name and address: my understanding is that under the LL and T Act 1985, S1 you have 21 days in which to provide this information to me.

However, why not talk it all through with someone at Shelter first - their lines are open at the weekends.