Student house problem

arsenalboy

My son starts year 2 at Uni in a couple of weeks.

Last February, together with other students, they found a property for this Sept. They signed an Assured Shorthold Tenancy, paid a deposit. To hold the property over the summer they paid a retainer for July/August (half rent).
At the time the Landlord stated he was doing building works over the summer but the property would be ready.
He holds post dated monthly cheques for rent and has taken Sept rent already.

A couple of weeks ago he emailed the students to say the work was running behind but would be finished by start of term. My son replied stating he needed access by mid Sept. He has now responded to them all saying floorboards are coming up next week for central heating and new walls are being built to reconfigure the accommodation. He "hopes" property will be finished by 1st/2nd Oct but painters will be in during October!!

There are no other properties available so we have to live with the situation. The Uni are not really interested even though they have accredited the property/landlord.

Any advice on remedies and the financial situation?

The landlord is taking the view that term doesn't start until October, therefore the fact they cannot get into the house is not a problem and even though he has taken the rent he feels no refund is due.
There is also a clause in the agreement that states if you pay the rent "you can enjoy the premises without interruption from the landlord".
If work continues whilst they occupy should they also get a rent reduction for that?

Looking forward to your advice.

Yorkie1

What is the actual start date of the tenancy?

chappers

Yorkie1 wrote: »

What is the actual start date of the tenancy?

Also is the agreement fully signed by both parties.

Riq

fascinating fact: it is illegal to knowlingly post date a cheque.

true story.

arsenalboy

start date is 1st July. Rent is 50% for July and August with the stipulation that they dont occupy for those 2 months.
The agreement is signed by the landlord and the 5 students.

Tr1pp

arsenalboy wrote: »

start date is 1st July. Rent is 50% for July and August with the stipulation that they dont occupy for those 2 months.
The agreement is signed by the landlord and the 5 students.

WHAT!!? why would you pay not to live in a property for 2 months?...baffling

Anyway, it seems as though the students have the right to move in on the 1st of september and if they are not allowed the landlord is legally obliged to provide suitable living alternatives at his cost (if the students are paying the rent) or to allow the students not to pay rent for the period of they cannot occupy, I would push for the former personally. If the premesise is in some sort of livable condition but still requires work then I would negotiate a reduction on rent until the house is completed.

the landlord has had 2 months AND your money to get the work done....

arsenalboy

Tr1pp
this is normal practice with student lets. The students come home over the summer, but the landlord still wants some rent on his property.

daveyjp

"WHAT!!? why would you pay not to live in a property for 2 months?...baffling"

Because that's what landlords of student houses can get away with due to the demand for their property - they have been doing it for at least 20 years.

If full payment starts 1st September they should be able to move in on this date, if not the contract has been broken and compensation is due.

GAH

I would probably argue that if the landlord has put a clause in saying that the tenants could not occupy for two months, that would be an enforceable clause. Anyway that has been and gone now.

OP, it is a normal practice for the landlord to want the property rented out, but you should also have the benefit of be able to use it as well.

Does your son even have a set of keys?

Tr1pp

well I am a student (tho i do have my own place now) but I have plenty of friends living in student accomodation. I have never rented a student place that had that kind of stipulation, Usually i signed a contract that started from the 1st of September and I would move in on that date. Even if I had to pay for the summer period I would still expect to be able to stay there.

Sounds like a crappy deal to me.

anyway, my advice about compensation / re accommodation still stands.

silvercar

Standard deal in some uni towns. By paying half rent over the summer, the students feel they have got a good deal in securing accommodation in not paying full rate over a time when they have no need to live there. The landlord has got some rent for a time when no one is looking for accommodation.