Student house problem

Chuddles

I understand that in some high demand areas you may have needed take a 12 month contract to get the property as a student. I did myself back in the day. But if building works require the property to be unoccupied over the summer the LL couldn't have filled it anyway. As such I think you have already been very generous paying half rent for those two months.

You need to bear in mind the landlord is trying it on. He's waiting to see whether he can get away with this. Some landlords assume students will just do as the are told. (the bad apples amongst the many good LL's)

He knows to charge you full rent in September and not allow access isn't fair as he has already offered half rent for the two preceeding months for the same situation. Legally you should have access to the property from the start date on the contract. I'd be interested to see how it is worded regards this 2 months retainer fee paid.

pinkshoes

As he is charging you full rent for September, I'd tell him that you'll be moving back on 15th September, and if the property is not suitable to live in, then the LL needs to pay for alternative accommodation for you i.e. a B&B or hotel.

amyleannewalker

I'm a student in my fourth year of uni and all the houses I and friends of mine have occupied have had the 'half rent over the summer months' rule. To my knowledge there are no (or very few) nine or ten month contracts in this area, students have to sign a year contract and sometimes the half rent isn't even offered.

The way I see it, you're paying full rent in September and should be able to access the property as if it were your own home during that month, regardless of when term begins. I would point this out and see where it leads you. The university's welfare staff should be more helpful, perhaps try them again. If they are willing to mediate on your behalf I think you'll find the landlord will be more helpful. That said, if the building works are running late there's not much he can do about that, but I would push for a discount or refund for every day/week after the 15th September that he cannot comfortably live there.

Good luck.

princeofpounds

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

As everyone has pointed out, it's very common in many university towns. It's not that bad a system as students will always compare the cost of housing over the course of the academic year, so the fact that they have to pay some money over summer means that they won't pay as much as they otherwise could over the remaining 10 months. It might seem odd but the market finds its own level.

Unfortunately under the Ricardian law of rent that level is that all excess production tenants produce goes to the pockets of landlords, but that's for another day!

Anyhow, I agree with all the above that a landlord has a duty to provide alternative accomodation if the tenancy has started and the property is not habitable.

You will need evidence, preferably written, that the property is not habitable and that you tried to negotiate alternative accomodation before you do anything unilateral in going into alternative accomodation. You would also need to be prepared to sue in small claims, and take any further consequences (landlord refusing a reference or invoking a break clause).

Whether it is worth it is up to you, but I think it is likely worth threatening it at least even if you reach a compromise, because student landlords are often very pushy and you want them to get the message.

chappers

I have students on both sides of me one LL charges for 10 months but asks a higher price per month to cover the void 2 months and she has no problem renting.
The other rents on 2 months at reduced rent with him allowed access during July and August and then full rent. Others i know rent at full rent for 12 months end of.

So this sort of arrangement is not un heard of , however i would wonder how legaly binding it would be to have a tenancy start and for the tenants to have no access, regardless of a reduced rent.
Either way they are legaly entitled to be accomodated from September

gwernybwch

princeofpounds wrote: »

Anyhow, I agree with all the above that a landlord has a duty to provide alternative accomodation if the tenancy has started and the property is not habitable.

You will need evidence, preferably written, that the property is not habitable and that you tried to negotiate alternative accomodation before you do anything unilateral in going into alternative accomodation. You would also need to be prepared to sue in small claims, and take any further consequences (landlord refusing a reference or invoking a break clause).

Whether it is worth it is up to you, but I think it is likely worth threatening it at least even if you reach a compromise, because student landlords are often very pushy and you want them to get the message.

I agree with the above. Not having 'peaceful enjoyment' is a breach of contract and is ultimately claimed through a small claims court.

I do have sympathy with the LL though. I'm also a student LL with a summer months half-rent / no access arrangement. This summer I did some relatively major upgrading work on the house, but the builder seriously let me down resulting in the house not being ready in time for the 1st September. Fortunetly the tenants weren't planning to move in until a week after the 1st Sept and I had to call in some serious favours to get it all done in time.

I did speak to a landlord who has a reputation as being an excellent landlord in the area and asked him what he would do if the property wasn't ready when the tenants needed to move in. His response was that he would put them up in accomodation at his cost until it was ready.

Hope this helps.