Lying Landlord, Breach of Contract?

Keys767

Hi,

I was wondering if someone could give me some advice on Tenancy Contracts.

My girlfriend and I are currently tenants in a flat which is let by a branch of our university's accommodation service ("Headed Tenancy"). We are looking to move out, and if we can find replacement tenants before our next rent payment (rent is taken in 3 instalments per annum) then obviously we can escape paying the last chunk of money. Finding new tenants would save us around £1700 all together, money we could really do with, in our current circumstances.

We have had 5 viewings in the last week and a half, but we have a suspicion that Headed Tenancy are deliberately putting people off the property by giving them wrong information - we have confirmed that wrong information was definitely given in 1 case and are looking into the others to determine whether or not they are doing it intentionally.

If we find out that they are in fact doing this, would we be justified in terminating the tenancy agreement on the grounds of a serious breach by them?

Any info would be appreciated. Thanks

DVardysShadow

How serious the breach is and whether it would be justified to unilaterally terminate depends on the nature of the misinformation, I would imagine.

In your position, I think I would confront them with the evidence of their wrong doing and advise of what I might do if it continues. Then send in a 'Mystery Buyer' But it all depends on the porkies they are telling

Keys767

DVardysShadow wrote: »

How serious the breach is and whether it would be justified to unilaterally terminate depends on the nature of the misinformation, I would imagine.

In your position, I think I would confront them with the evidence of their wrong doing and advise of what I might do if it continues. Then send in a 'Mystery Buyer' But it all depends on the porkies they are telling

Thanks for your reply.

Potential tenants have been told that A) the property is suitable only for couples and the new tenants cannot renew the contract in July (the time our contract is due to end and the time at which a replacement tenant would need to renew).

Both of these things are false, and we even have previous correspondence from the Headed Tenancy service that completely contradicts this false information.

The main point is that the misinformation has caused at least one interested tenant to withdraw their interest based on wrong information (and is now interested again upon confirming with us that this info. is false).

We will wait and see if we hear back from any other potential tenants before confronting the university, just to be absolutely sure.

Thanks

Emmzi

a) is clearly just opinion in anyone's book and
b) may be true or may not - renewal is at the university's discretion and they may wish to prioritise someone else eg first year students

You are asking the university to do you a favour and let you out of a legally binding contact you signed. I would not be "confronting" anyone. I would politely be asking for clarification. They are under no obligation to allow a change of tenants whatsoever, it's a hassle in terms of paperwork, and they're doing you a favour.

DVardysShadow

Keys767 wrote: »

.... Potential tenants have been told that

• A) the property is suitable only for couples and
• the new tenants cannot renew the contract in July (the time our contract is due to end and the time at which a replacement tenant would need to renew).

Both of these things are false, and we even have previous correspondence from the Headed Tenancy service that completely contradicts this false information.

• A] is a value judgement - as it is let to a couple at the moment, I cannot see that they are totally out of order to insist on the replacement tenants being a couple. This is more an issue to be taken up by potential replacements who feel they are being refused unreasonably.
• B] is a matter of the Landlord's choice, unless you have a contractual right to renew and your contract is assigned to the replacement tenants. But as I see it, your contract is probably terminated by mutual agreement and the replacement tenants have a new agreement. It may well be the case that you have no right to renew and the flat is already allocated - or there is a policy of not allowing people to jump an allocation queue for the new academic year by jumping in as replacement tenants.

Not much for you to go on here I think.

Keys767

Thank you for your replies.

Sorry if I seem like I'm clutching at straws, but I'd still like to clarify my point of view that they are not simply giving this info on opinion.

To expand on my point, the information given to potential tenants isn't simply advice or opinion, they have told at least one potential tenant that these are facts, which they aren't.

A) [The flat is available to an individual or a couple] - This is their policy for this property. This is what they have explicitly told us, this is what was advertised when we found the property ourselves last year, and this is what they are actually advertising right now on their official vacancy list.

A quote from Headed Tenancy, 6 March:

...A replacement couple or individual will have to pay a deposit and probably the rent in advance...

A quote from Headed Tenancy, 12 March:

...If you are able to find a replacement either a couple or an individual...

When an individual enquired, they were told that it was only suitable for a couple, and withdrew their interest as a result.

[A replacement tenant cannot renew their contract] - This is global policy for all Headed Tenancy properties. It is also currently advertised on the vacancy list.

A quote from Headed Tenancy, 23 February:

...They would get first choice on remaining in the property for the next academic year...

The same potential tenant was told that they could not renew.

The information given was therefore contrary to what is being advertised.

If it's found that they are giving this kind of info to potential tenants, surely this justifies at least confronting them about it?

EDIT: The tenancy agreement allows and facilitates leaving early and finding replacement tenants, so I can't see how they are simply doing us a favour by allowing it.

Emmzi

once again, you are person wishing to change the legally binding contract you have entered into.

Do you really feel "confronting" behaviour is going to do you any favours?

If you "confronted" me and started to pick holes in things I'd tell you to sod off because I could pursue you/ your guarantor for the rent money, and it's extra paperwork I can't be bothered with.

You have no rights. They have told you how tenants can be changed, but they are under no legal obligation whatsoever to do so, or to make it easy, or to put any effort in.

Start veiwing it as something you need to be helpful and polite during, and you just might get somewhere.

Keys767

Emmzi wrote: »

once again, you are person wishing to change the legally binding contract you have entered into.

Do you really feel "confronting" behaviour is going to do you any favours?

I am not changing the contract in any way. The contract facilitates ending the agreement early on the basis of finding replacement tenants. I'm fully complying with it.

Emmzi

Quote us the clause that says that.

Fiver says it's riddled with conditions.

Keys767

The section of the agreement referring to ending the tenancy, original formatting included:

5. Ending the Tenancy

i)You may end this Agreement at any time before the end of the full residential period if the following conditions are met:

a) You give no less than 14 days written notice to the Headed Tenancy office; and

b) You find a substitute who is a full-time student of the University and is reasonably acceptable to the Headed Tenancy office. You will remain liable for Rent until the substitute has entered into an agreement with the University to occupy the Property; and

c) You may be asked to pay a reasonable administrative charge (not exceeding £50.00) on giving notice in respect of Our costs of approving a substitute and completing all necessary legal and financial agreements.

By the way, I wasn't implying that I was going to burst in a confront them angrily about it - I was going to do it in a perfectly friendly, subtle way.

Emmzi

"reasonably acceptable" is their get out clause because it is entirely subjective.

Therefore they could say eg "we have had feedback that the other tenants don't want to share with a couple, therefore only a single person is acceptable to us." Or "we have a lot of applications from 1st years who want to stay in halls next year who take priority, therefore a reasonable substitute that lets us manage that demand is one who does not want accomodation next year." etc etc etc. Or "we can't tell you why they are not suitable as that is confidential information."

It may not feel fair to you but frankly they can say anyone is not a reasonable substutite as it does not have a legal definition - and they know you aren't going to take them to court for a judge to decide.

Go careful as if you end up owing them rent, they can just forbid you from graduating until it is paid off.