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Moving out of uni halls

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Comments

  • DotingDad
    DotingDad Posts: 70 Forumite
    edited 26 November 2011 at 10:26PM
    When my children went to university and lived in halls the prospectuses gave details of rent, charges for not vacating at the end of each term etc, etc.

    On that basis I'd suspect an implied contract exists as it would be deemed that prospectuses etc would be read prior to signing up.

    As regards the stalker chap certainly speak to the university authorities and perhaps her boyfriend can have a word with the bloke when he visits if you don't get there first!
  • DotingDad wrote: »
    When my children went to university and lived in halls the prospectuses gave details of rent, charges for not vacating at the end of each term etc, etc.

    On that basis I'd suspect an implied contract exists as it would be deemed that prospectuses etc would be read prior to signing up.

    As regards the stalker chap certainly speak to the university authorities and perhaps her boyfriend can have a word with the bloke when he visits if you don't get there first!
    Whether that could be made to stick for implied terms, I don't know, but it is the kind of thing I had in mind as a stronger argument than "that is what the others signed up for"
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  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    any tenancy agreement nowadays is deemed by default to be an AST if there is no paperwork - this may be a license, we don't know....
  • clutton wrote: »
    any tenancy agreement nowadays is deemed by default to be an AST if there is no paperwork - this may be a license, we don't know....
    May not apply here. Somewhere earlier, we are told there are 8 bedrooms in a flat. Now the flat might be AST-able but only as a whole unit. I would assume that the other 7 are not on a Joint and Several contract. Adding OP's daughter into this mix creates even more complications as she would not be party to the contract. And there would be 7 private spaces within the living unit which OP's daughter would not be entitled to access as part of the tenancy.

    This looks less and less like an AST to me by the minute.
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  • They are halls.

    Assured Shorthold Tenancies do not normally apply to halls. I do not know for sure what happens in a verbal minimum contract situation as we have here, but it is very possible that AST regulations DON'T apply. That's why it's so much harder to advise in this situation.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Much depends on who manages the HoR - if the Uni itself then the agreement will be a License but if the Uni uses a private company to manage the accomms then it may well be an AST that applies.

    However, IMO, talk about judges and court is leaping way too far ahead in this case.

    There would appear to be extenuating circumstances here and, as I said before, once the appropriate staff at the Uni are fully aware of how this male student is behaving towards the OP's daughter there shouldn't be an issue in getting a transfer, provided that they have rooms available at other Uni managed accoms sites. This would especially be the case if the OP's daughter can drum up some interest in another student taking on her current room although the Uni may seek to apply an admin fee.

    The alternative is that the Uni takes the matter very seriously and gives appropriate notice to the male student so that he is the one with the hassle of obtaining alternative accomodation. Most Licensors have a clause within the Ts and Cs which state that if the Licensor reasonably believes a student Licensee presents a serious and immediate risk to the health & safety of other residents, staff etc then notice may be given.

    OP - rather than trying to say that no formal agreement exists, allowing your daughter to up and off with no further rent obligation, try and get hold of a copy and trawl through it.
  • Part of me would see if she can move halls first before she moves home or drops out altogether, as there may be spaces after Christmas; when I was at uni quite a few people in my block dropped out over Christmas holidays so space became free in their rooms. Although then there may be issues with this guy not finding out she's moved blocks - based on my own experience it would certainly be easier to cut ties with him were she to leave that university and provided no one told him where she was, but that should be the absolute last resort. She is entitled to live her life and feel secure without constantly worrying about some creep and having to compromise what she does for fear of him.

    Also, if she isn't already, I would be keeping a record of all the incidents with him as well as talking to student union welfare bods, security (my halls had porters who would look out for people acting suspiciously so there may be something similar at your daughter's uni), her personal tutor, her course tutor(s) to try and keep them as separate as possible in classes, and possibly the police.

    The very best of luck to you and her. I've mercifully never been stalked but I did have an incredibly possessive ex so know how it can be when your life doesn't feel like your own in that regard.
    "A mind needs books as a sword needs a whetstone, if it is to keep its edge." - Tyrion Lannister
    Married my best friend 1st November 2014
    Loose = the opposite of tight (eg "These trousers feel a little loose")
    Lose = the opposite of find/gain (eg "I'm going to lose weight this year")
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