Student trying to get out of a tenancy agreement

fudgecat

Amydee, you have had some excellent advice on this site and it seems clear that your LA may have made changes to the contract which are either illegal or at least questionable. The consequences of this may have serious financial implications for at least one member of the household and have certainly had serious consequences for your course at college and your well-being.

Having received detailed advice and even a template letter to help, it is now up to you to pro-actively take the bull by the horns. You have had your rights abused because you have allowed it to happen. You are young and obviously must feel very disorientated living from friend to friend, for which I sympathise, but there is a great deal of help and advice, if you choose to avail yourself of it.

Do you have parents or relatives who can help you draft the letters and start kicking backsides that need it? Note that they can help you, but should not take over the whole problem - you must stand up for yourself.
I write as the mother of two daughters just starting out on their own and as someone who was living independently at 17.

DVardysShadow

AmyDee wrote: »

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

Good.

Have any changes been made to the original tenancy agreement, if so, what are they?

They will say "there has been a change of tenant, otherwise, no changes"

If there is a new agreement, is the old one void?

They will say "there is no new agreement, the old one stands"

Is the new agreement only valid if I sign it?

They will say "it is valid if any one tenant signs"

Did I not need to sign the deed of assignment if there was one?

They will say "there is no deed of assignment, and no need for 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.

Look, you are being far too soft about this. You are asking the agent for legal advice which you should get for yourself. They will only give you an opinion which supports their position. Do you not get it? They are in the wrong, but you have to show that this is the case. They are not going to help you one little bit. You need to make up your mind whether you accept the advice here and can get some external support for what we are saying, or just let them push you into the corner. If you are going to stand up for your rights, you have to prepare for a fight and to take a risk of losing. You risk paying for your current accommodation and for an alternative if you lose, but you will pay that for a cert if you don't fight.

blckbrd

OP it's clear you're feeling swamped and defeated but there comes a point when the stroking and sympathy wane and the toe towards the backside comes into play.

It is difficult. It will take all the effort you can muster but there are people here to support you. You just need to get that ball rolling now.

RobertoMoir

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.

Currently you're not much further forward than you were when you first asked for help here, and you'll be in much the same position after this latest round of letter writing unless you take control.

Don't ask them what they think... clearly they will agree with what they themselves are already doing. Funny that.

Instead, TELL THEM what you regard as unacceptable, why you regard it as acceptable, what evidence you have that your position is valid, and then tell them what you require them to do to remedy this state of affairs. The only things your letter should "ask" them is when you can expect their reply and that you hope they're having a nice day.

rl290

Amy, send the letter TBS has very helpfully typed up for you in a previous post, after speaking to Shelter (their number is in a previoous post: it's free phone and they are EXCELLENT).

R

AmyDee_3

Thank you for all the advice, its really going to be a big help. I've been trawling through the internet and nothing productive seems to have come up, I think my situation is a rare one.

I'll use the template letter that has been provided, and try giving Shelter a ring for some advice.

The only confusion I still have is after I receive a reply from my LA regarding the points outlined in the template letter, if they do admit they are in the wrong and I should have given my permission for the new tenant, can I then be released from my contract because they were in the wrong? Sorry, I'm just a bit unclear on that bit. Not sure what they would have to do if it were shown they were wrong.

I'm going to give Shelter a ring and send that letter ASAP. Will update everyone on how it goes.

Thank you all. Definitely living with boys next time!

Fire_Fox

One step at a time, AmyDee, post back once you have written the letter and received a reply.

DVardysShadow

AmyDee wrote: »

Definitely living with boys next time!

Well that might remove the need to post on this board. Have you worked out what boards you will post on when you live with boys? No, I'm serious:p

AmyDee_3

Just thought I'd give you an update. There was no legal way I could get out of my contract and I am still desperately trying to find someone to replace me. I am now paying rent on another property with my parents help, which neither them nor I can afford. The tenants have now got a cat (another breach of the contract) which I am allergic to (though I wouldn't go back anyway). Unfortunately this is just one that I'm going to have to admit defeat to. Thanks for everyones help, just wish it would have worked out.

Wickedkitten

AmyDee wrote: »

Just thought I'd give you an update. There was no legal way I could get out of my contract and I am still desperately trying to find someone to replace me. I am now paying rent on another property with my parents help, which neither them nor I can afford. The tenants have now got a cat (another breach of the contract) which I am allergic to (though I wouldn't go back anyway). Unfortunately this is just one that I'm going to have to admit defeat to. Thanks for everyones help, just wish it would have worked out.

Did you not actually ask the letting agent to let you see a copy of the new tenancy agreement?