Just wondering....

tubie22

Hello,

I am currently renting a University property in London but am returning home to Northern Ireland due to some personal issues.

To cut a long story short, rent for the property is taken in 3 instalments. I have paid the first 2 instalments of rent and the third is due 19th April 2012.

It states on the contract all the usual stuff about 'if you fail to pay rent, court proceedings may begin etc'; what you would expect from a contract.

However, I noticed in the terms section that it says that the contract is governed by the Courts of England and Wales Exclusively.

Does this mean, if I were to return home to N.I. without paying my rent, they (Landlords, University) will not be able to take legal proceedings because N.I. has it's own Courts, legal system etc?

Just to point out, I am merely curious. I am not planning on skipping my rent!

Many thanks!

cattie

No, it just means that the legal proceedures will be those that are place in England and Wales and not those that exist in other parts of the UK.

tubie22

So legal proceedings could still take place, its just in the form of what the England/Wales Courts decide?

I also read somewhere (not sure if its true) that N.I. has a very different small claims court from the rest of the U.K. and that it's very difficult to carry out small claims from England if the person lives in N.I.? Any truth in this?

pmlindyloo

I know you said you have no intention of not paying your rent but your questions seem to indicate otherwise!!!!!

Have you explored the issue of leaving the accomodation early and finding another person to take your place and thus not be liable for the full rent period?

You say this is University accommodation. Do you mean halls/house? Have you spoken to the uni housing officer (or whatever they are called? ) They must be used to this kind of scenario.

tubie22

Well, seeing as the rent is due on Thursday and I have the money sitting in my account waiting to be paid, I think it's pretty clear my questions, as said before, are out of curiosity. Can't a person ask a question without there having to be a hidden agenda?

pmlindyloo

tubie22 wrote: »

Well, seeing as the rent is due on Thursday and I have the money sitting in my account waiting to be paid, I think it's pretty clear my questions, as said before, are out of curiosity. Can't a person ask a question without there having to be a hidden agenda?

Sorry, didn't mean it to sound like that (difficult to put across on a forum).

Since we are a moneysaving forum I took the view that if there was a way round not paying in the circumstances then it should be explored.

tubie22

Sorry for jumping the gun!

We did try for quite a while to find new tenants, had lots of viewings but each time someone wanted to sign the contract, the University turned them away for silly reasons, such as a girl who wanted to take the flat and she was told she couldn't because it was only for a couple, not a single person, even though the flat was advertised as for a single or a couple.


We have had a feeling all along that people are being turned away for no reason; therefore less work for the university, having to write up new contracts etc.

We would love to find a way to not have to pay, but legally. If no way can be found, then we will just have to pay. we don't want debts hanging over us, especially when we want to find a new property to live together in.

Many thanks.

pmlindyloo

tubie22 wrote: »

Sorry for jumping the gun!

We did try for quite a while to find new tenants, had lots of viewings but each time someone wanted to sign the contract, the University turned them away for silly reasons, such as a girl who wanted to take the flat and she was told she couldn't because it was only for a couple, not a single person, even though the flat was advertised as for a single or a couple.


We have had a feeling all along that people are being turned away for no reason; therefore less work for the university, having to write up new contracts etc.

We would love to find a way to not have to pay, but legally. If no way can be found, then we will just have to pay. we don't want debts hanging over us, especially when we want to find a new property to live together in.

Many thanks.

No problem. Always difficult to find the right 'tone' when you're on a forum.

Seems harsh having to find all that money when you're not living there.

I would make sure that if they do rent the accommodation out after you've left that you get a refund - any friends who can 'tip you off'?

tubie22

Not really any friends nearby who would know whether it got rented out or not.

I hadn't actually thought of getting a refund for months not lived in, if that makes sense.

Can this be done? Our contract is valid until July but obviously we are leaving next week, after paying the rent. So if someone else moves in in May, for example, can we get the rent from May, June and July refunded to us?

Thanks

pmlindyloo

tubie22 wrote: »

Not really any friends nearby who would know whether it got rented out or not.

I hadn't actually thought of getting a refund for months not lived in, if that makes sense.

Can this be done? Our contract is valid until July but obviously we are leaving next week, after paying the rent. So if someone else moves in in May, for example, can we get the rent from May, June and July refunded to us?

Thanks

I believe that landlords are not allowed to double charge rent i.e from old and new tenants.

However, I have nothing to quote in law to prove that.

Hopefully bumping this up will mean the experts will be along to comment.

From a common sense point of view I would think (but don't know) that it might depend on whether you 'surrendered' the tenancy and/or what agreement you have made with the LL regarding this.

Does it say anything in your contract about this situation?

tubie22

No that I am aware of. It states basically that if you want to leave the tenancy early, it is your responsibility to find new tenants to take over the contract and until you find new tenants, you are liable for the rent, which is pretty standard.

We are paying the rent, but I wouldnt like to think that someone could move in in May, for example, and pay rent on top of the rent we have already paid, which covers us(tenancy ends) in July.

To be honest, the University(LL) has been really terrible at keeping in touch with us, letting us know whats going on in regards to new tenants etc. So any kind of agreement in terms of rent would not even be acknowledged by them.