Please help student moving house

poppet16_2

MadnessOfHPC wrote: »

Are we being told the true story here as there are also two sides to an argument? I find it impossible to believe such a one-sided fast deteriorated relationship breakdown. Did your daughter provoke these flatmates after all its not in their interests to bully and attack her.

My daughter isnt a liar thank you and how do you provoke someone to bully and attack you ? if you have nothing constructive to say dont say anything

poppysarah

Did she ring the police? If not she should.

tbs624

poppet16 wrote: »

My daughter isnt a liar thank you and how do you provoke someone to bully and attack you ? if you have nothing constructive to say dont say anything

Poppet16 - MadnessofHPC seems to enjoy being provocative.

Go into User CP via that green band up above

Settings & Options - Edit Options - Edit Ignore List then add the names of posters who get up your nostrils Keeps forum life sweeter.

clutton_2

As a LL my advice is that you continue this matter in writing and not emails or text. You need to get the LL to agree that your daughter can, and has, applied for, and been given, an early surrender of tenancy - and if she can get that then she is no longer liable for the rent.

Until she gets that she is liable for the rent (whether she lives there or not) until the end of the tenancy or until a new tenant moves in.

her LL can legally make her pay rent until a new tenant moves in, AND he can legitimately charge her for marketing costs to find that new tenant. - as she has signed a legally binding contract for a fixed term.

As others have said, inter-tenant disagreements (no matter how fierce) are not the LLs fault - nor his responsibility to sort out...

If these girls are as vicious as your daughter alleges, then she should have gone straight to the police.

However, if the LL has changed the locks and not given her a key, then this could be enough evidence to claim unlawful eviction...

So, firstly write and find out if it is the LL that has changed the locks ... make it a one sentence letter.

tbs624

poppet16 wrote: »

hi thanks for the replies just an update,we are still in the same situation only the locks on the front door were changed 10 days ago and although we have e mailed left voice mails and phoned we still havent got a set.
Also we have been told the other girl has moved into my daughters room.I was hoping someone would advise on where we stand inthis situation ? many thanks

If the other occupants have done this with the LLs agreement then the LL has effectively agreed to your daughter surrendering her tenancy ( if she did) and your daughter can no longer be held liable : the LL cannot re-let her room at the same time as charging your daughter under the original contract.

However, unless your daughter did actually formally notify the LL that she wanted out, then LL also cannot simply take action to your daughter's detriment: he has to discuss the tenancy with her. To change locks and deliberately exclude a T is a criminal offence, except where the T has unequivocally abandoned the tenancy and the LL can show that he took the proper steps to establish this.

It needs to be wrapped up properly as it could of course simply be th other Ts who have moved a non-paying mate in and taken it upon themselves to change the lock.

Does you daughter have any of her personal possession remaining in the property?

Does she have a receipt for her tenancy deposit, and had it been scheme-registered by the LL?

Call the Council's private sector housing office tomorrow first thing- there will be a Tenancy Relations Officer who can help with this including the possibility of action for an illegal eviction, if appropriate. They are always busy so you may have to be persistent to get through.

poppet16_2

clutton wrote: »

As a LL my advice is that you continue this matter in writing and not emails or text. You need to get the LL to agree that your daughter can, and has, applied for, and been given, an early surrender of tenancy - and if she can get that then she is no longer liable for the rent.

Until she gets that she is liable for the rent (whether she lives there or not) until the end of the tenancy or until a new tenant moves in.

her LL can legally make her pay rent until a new tenant moves in, AND he can legitimately charge her for marketing costs to find that new tenant. - as she has signed a legally binding contract for a fixed term.

As others have said, inter-tenant disagreements (no matter how fierce) are not the LLs fault - nor his responsibility to sort out...

If these girls are as vicious as your daughter alleges, then she should have gone straight to the police.

However, if the LL has changed the locks and not given her a key, then this could be enough evidence to claim unlawful eviction...

So, firstly write and find out if it is the LL that has changed the locks ... make it a one sentence letter.

Hi the locks have been changed as they were faulty, we only found out because we tried to enter the house.as We have attempted to contact the LL several times for a set to no avail.
It is one of the other girls on the tenancy who has changed rooms for my daughters.We have advertised the room as being the upstairs front bedroom (which it isnt now they took it over,its the downstairs room)
The night this all took place the police were called by us and went to the property.many thanks

clutton_2

have you attempted to contact him by mail ? you MUST have a paper trial if your daughter is to get out of this

Did you get a crime number ?

If the LL has locked her out, and effectively ended the tenancy, it is not up to her to find a replacement....

tbs624

poppet16 wrote: »

Hi the locks have been changed as they were faulty, we only found out because we tried to enter the house.as We have attempted to contact the LL several times for a set to no avail.
It is one of the other girls on the tenancy who has changed rooms for my daughters.We have advertised the room as being the upstairs front bedroom (which it isnt now they took it over,its the downstairs room)
The night this all took place the police were called by us and went to the property.many thanks

Interesting - in the thread you have referred to the Ts being jointly liable for the rent, yet also to a deadbolt on your daughter's room?

If its a J&SL contract then the Ts rent the whole house and there aren't usually locks on individual rooms.

It is always harder to let a downstairs room because of proximity to all Ts own comings and goings/front door opening & closing, plus street noise.[ Edit: If the rooms were let on an individual basis, with shared use of the common parts then th eother Ts can't just claim your daughter's room without agreement from all concerned.]

You need to check what that contract actually says and, as I said before, use the TRO or this is going to drag on.

Regardless of why the lock was changed, if your daughter has not surrendered her tenancy, and had that surrender accepted by the LL, then the LL is legally bound to provide her with a key for the new lock. He should have affixed a notice to the door explaining how she could obtain a key from him.

He can't just lock her out if he wants to keep her to the terms of the tenancy agreement and he has to account for his actions.

Blacksheep1979

Can I just try get this story straight - your 18 year old daughter (presumably in second year of university) moves into a house with 2 others:

Day 1-3 there's 6 people round and your daughter politely requests they turn the music down (or similar)
Some point days 1-3 other flatmates get locked out of the house (how were they locked out? Did someone lock them out as they were upset re parties etc?)
Daughter nicely asks less noise/shouldn't have kicked the door in and other flatmates threaten to kill her...

I'm sorry but this doesn't quite add up somewhere to me. What have the police said, any charges being brought?

hbk619

tbs624 wrote: »

Interesting - in the thread you have referred to the Ts being jointly liable for the rent, yet also to a deadbolt on your daughter's room?

If its a J&SL contract then the Ts rent the whole house and there aren't usually locks on individual rooms.

I had a J&SL contract and our house was advertised as having locks on all the bedroom doors, which they did but there was no keys.

Also from the people I've met at uni I can believe this happened in a matter of days. I got out of halls before they started throwing furniture out oof the kitchen (third floor). If the OP's housemates were on drugs would explain the extremeness of the behaviour.

As it's early in the year it's likely you'll find someone to take the room. The website suggested earlier are good, accommodationforstudents, gumtree etc.