Moving out of uni halls

Yorkie1

suki1001 wrote: »

Rather than contacting uni, or as well as, there would be no reason why she (and you) couldn't go to the police and explain the situation, she doesn't have to report it as a crime, she can simply ask their advice. The chances are they will have someone who is specialised in dealing with this and give preventative tips on how to nip it in the bud before it has the potential to become more serious. The racism thing is just him being manipulative and this has nothing to do with racism. He will use any reason he can think of and if it wasn't racism it would be something else. She has no need to find reasons to prove she isn't racist, it doesn't matter what background he comes from behaviour like that is no excuse. This is clearly unwanted attention and you shouldn't wait until something more serious has happened.

This isn't a bad suggestion - the local Domestic Violence unit would be the best people to ask.

pimento

My son changed halls room. They had a list and another room came up really quickly. The new room was more expensive but much better.

If this was my daughter, I'd be down there telling this guy his fortune tout de suite.

BitterAndTwisted

Nadia123 wrote: »

Unhelpful and unnecessary comment! It never fails to amaze me how posters like you make such comments when you don't know people and their situations.

All I had to go by was the information, or lack of it, provided by the OP. You might be psychic but unfortunately I'm not.

Are you so abrupt and judgemental in real life?

Yes, I can be sometimes, most especially when being chastised by newbies who know nothing about me.

Judging by your next two posts, you realise how out of order you were...

No, were were given new information by the OP about the real reason why she wanted to get out of the contract with the Uni.

You got any helpful information about that yourself or do you just post on here to voice your righteous indignation when you've got the luxury of 20/20 hindsight?

DVardysShadow

Nadia123 wrote: »

Unhelpful and unnecessary comment! It never fails to amaze me how posters like you make such comments when you don't know people and their situations. Are you so abrupt and judgemental in real life?

Judging by your next two posts, you realise how out of order you were...

If you have a point and disagree, then argue your case, rather than just going off on one and claiming that the person you are criticising does not know anything. Otherwise your contribution is useless and does not take the discussion forward.

clutton_2

""I don't think she would have moved in at all if she knew she was going to be tied in"""

I am sorry to say that this ignorance, seemingly in all of your family, is no excuse, legally, as to why your daughter now wants to stop using this accommodation, and stop paying her rent. She HAS entered into a legally binding agreement she has used the accommodation, she has paid rent, therefore a legally binding contract exists.

Rightly or wrongly, the law says, in every aspect of i that i have ever come across, that ignorance is no excuse.. absolutely none.

So having got that clear, there have been some excellent suggestions here to help. As a long term landlord LL may i suggest that you don't go in all guns blazing, but, ask for an appointment for you and your daughter, and go and see the accommodatdion manager, explaining calmly, and clearly, why the move is required. If you have already have been to the police and have an incident number, and proof of a conversation/meeting with security this will add to your case.

Landlords DONT have to release tenants early - tenancies of whatever sort - and so its all down to good negotiation and reasonable approaches as to whether you get one or not.

I sympathise with your daughters situation, re the stalky student, but the two issues of re-homing, and preventing the stalke, may well be seen as 2 separate issues.

If the accommodation provider is unable to find another tenant (if she moves out without agreement) she will be legally responsible for the rent until the end of the tenancy period, or until another tenant moves in, whichever is sooner, and that could be next summer. They would probably take her to the small claims court for this debt, and a resulting CCJ (which lasts for 6 years) will so dreadfully screw up her life that you will wish you had lent her the money to pay off the debt before court.

So all in all i suggest going to plead for help from the accommodation office for a transfer. Leaving a tenancy early is not a right, its a privilege....

tbs624

Nikinak - the University owes its students a duty of care and it would be in your daughter's best interests for her to ramp up her concerns about the behaviour of the male student who is pestering her. Has she contacted the Uni's Welfare Officer? Can she get supporting evidence from other students who are aware of what has been going on?

A previous poster has suggested talking to the police for guidance and this should be a priority.

As her Uni work will no doubt be affected by the stress she should also ensure that this is noted by her faculty staff, with a supporting doctor's note if necessary.

The WO ought to be able to help her to sort out alternative Uni accommodation because of the specific circumstances - if the Uni has spaces available in other sites there should not be a major issue with a transfer

Other possibilities are that she advertises her current room herself via sites such as Student Room ( without going into specific detail about why she needs to move out) - there may well be someone else who is desperate to move into that specific block and who would be only to happy to take over her licence/tenancy. ( Some HoR are let under ASTs, some under Licence)

Her moving back home or transferring totally to an alternative Uni because of this of this person's behaviour should be an absolute last resort. As a parent its hard to not wade in but if you can support her to personally take the necessary steps to get this pest properly dealt with it should give her the sense that she *does* have some control. Good luck.

mr_rush

The main issue is your daughter's safety and happiness.

A couple of thousand pounds here or there isn't anything in the long run.

If she feels uncomfortable she should move out but, as a previous poster mentioned, some universities refuse to issue degrees unless all debts are paid off.

DVardysShadow

clutton wrote: »

""I don't think she would have moved in at all if she knew she was going to be tied in"""

I am sorry to say that this ignorance, seemingly in all of your family, is no excuse, legally, as to why your daughter now wants to stop using this accommodation, and stop paying her rent. She HAS entered into a legally binding agreement she has used the accommodation, she has paid rent, therefore a legally binding contract exists.

Rightly or wrongly, the law says, in every aspect of i that i have ever come across, that ignorance is no excuse.. absolutely none.

So having got that clear, there have been some excellent suggestions here to help. As a long term landlord LL may i suggest that you don't go in all guns blazing, but, ask for an appointment for you and your daughter, and go and see the accommodatdion manager, explaining calmly, and clearly, why the move is required. If you have already have been to the police and have an incident number, and proof of a conversation/meeting with security this will add to your case.

Landlords DONT have to release tenants early - tenancies of whatever sort - and so its all down to good negotiation and reasonable approaches as to whether you get one or not.

I sympathise with your daughters situation, re the stalky student, but the two issues of re-homing, and preventing the stalke, may well be seen as 2 separate issues.

If the accommodation provider is unable to find another tenant (if she moves out without agreement) she will be legally responsible for the rent until the end of the tenancy period, or until another tenant moves in, whichever is sooner, and that could be next summer. They would probably take her to the small claims court for this debt, and a resulting CCJ (which lasts for 6 years) will so dreadfully screw up her life that you will wish you had lent her the money to pay off the debt before court.

So all in all i suggest going to plead for help from the accommodation office for a transfer. Leaving a tenancy early is not a right, its a privilege....

While what you say in general terms is true, it does seem that in the specifics of this case, that what the contract is is totally unclear. Yes, OP's daughter has a tenancy contract, but becuase of the way it arose and the lack of paperwork, it is far from certain what the tenancy period is. Just because the other students have signed until whenever does not mean that this applies to OP's daughter if she has not signed the same contract.

clutton_2

my opinion is that a judge would talk about Implied Terms of Contract .... these apply when there is no written contract, but where others have the same contract a judge may well decide it reasonable to declare OPs terms the same as the others...

in any case, where "consideration" (money or goods) have been accepted in return for accommodation,then a contract exists.... paperwork is not necessary for there to be legal obligations on both parties. In E&W a paperless tenancy (post 1987 ?) is assumed to be an AST.

""Just because the other students have signed until whenever does not mean that this applies to OP's daughter if she has not signed the same contract.""

her landlord would argue that it does.......

DVardysShadow

clutton wrote: »

my opinion is that a judge would talk about Implied Terms of Contract .... these apply when there is no written contract, but where others have the same contract a judge may well decide it reasonable to declare OPs terms the same as the others...

in any case, where "consideration" (money or goods) have been accepted in return for accommodation,then a contract exists.... paperwork is not necessary for there to be legal obligations on both parties. In E&W a paperless tenancy (post 1987 ?) is assumed to be an AST.

""Just because the other students have signed until whenever does not mean that this applies to OP's daughter if she has not signed the same contract.""

her landlord would argue that it does.......

Implied terms are exactly what is at issue here.

But you really are making a huge leap to argue that the terms the others signed up to will apply.

As I understand it, on implied terms, a Judge would only apply the minimum of terms to constitute a working contract. Which in this case would be that the OP's daughter should pay rent for accommodation received. If OP's daughter had taken the key, not signed [as happened] but then went on not to pay rent [not what happened], the judge would imply a term that rent must be paid for the accommodation.

Going beyond that to imply a minimum term would really require a strong argument from the university. It would have to be a stronger argument than "That is what the others signed up to"