Help - Daughter being evicted from Student Accomodation!!!

PasturesNew

Oh - and I forgot.... the landlord turning up and screaming like that at her is already an offence under the whole "illegal eviction"deal as landlord's aren't allowed to intimate or threaten tenants. So she probably needs to have read something up about illegal eviction and landlords screaming so she can keep her cool and remind them it's a CRIMINAL .... offence.... arrestable, punishable ....

rolo-polo1965

PasturesNew wrote: »

OK, an AST. Legally, they can't shift her until the very end of that term. However, I'm sure she doesn't want to continue living there ... and, maybe the AST's faulty anyway.

So, next question:

2] Did she pay a deposit? Does she know which "scheme" it is in?

It is a legal requirement that her deposit should be put into a scheme and she has to have been informed in writing within 2 weeks which scheme it is in. This protects her deposit.

I'm figuring that: She will want to leave, so her best course of action is to let them know she has rights, but that she no longer wants to live with them - and so she's not moving out right away but will be actively looking to leave soonest.

When do her monthly rent dates run from/to? As she's paid this month's rent, she probably needs to look at leaving on/before that's up and to not forget to cancel any standing order.

But, she WILL need to get this agreement in writing with them, to the effect of: You've asked me to leave, I have rights, I am prepared to leave on/before [rent date] and I expect my full deposit to be returned as you're forcing me out, which is technically a criminal offence of illegal eviction.... so don't push me!

She did not pay a deposit and is due to pay her first rent on 24th October 2012.

She has asked for the eviction to be put in writing which she is hoping to recieve today by email!

prowla

If she doesn't like it there then she should move out; however, her current "friends" will become ex-friends.

If she does move out, she could look into getting into the Uni accommodation, as they may well have spare places that have come up.

IMHO staying at home half defeats the purpose of going away to Uni.

PasturesNew

rolo-polo1965 wrote: »

She did not pay a deposit and is due to pay her first rent on 24th October 2012.

She has asked for the eviction to be put in writing which she is hoping to recieve today by email!

Sweet
Cancel any bank standing orders, look for somewhere else and move on.

Dunroamin

rolo-polo1965 wrote: »

She did not pay a deposit and is due to pay her first rent on 24th October 2012.

She has asked for the eviction to be put in writing which she is hoping to recieve today by email!

I'm not sure that an email counts as" in writing " but I'm prepared to be corrected on this.

PasturesNew

Dunroamin wrote: »

I'm not sure that an email counts as" in writing " but I'm prepared to be corrected on this.

You are correct. A proper letter counts. However, as they are the instruments of this situation and are clearly completely clueless about being landlords.... I'd just take that and run ..... they'd never get their act together to realise and try to come back on it later .... plus they'd look bl00dy ridiculous.

LittleMax

All sound advice. I think someone mentioned approaching the accommodation officer at the Students Union.

Having worked in Accommodation at a University these fall outs are typical and not in the least unusual. If your daughter does wish to move on then they will be able to offer advice on options that she may not have considered, and will also have an idea of good landlords in the area. If she chooses to stay put they will be trained in offering a conciliation service which may help all parties to resolve the issue and move on.

That said if the parents who own the house are not able to take a step back over such a trivial issue and help the students sort it out in a mature way, then I would be concerned about how they will deal with any future issues, and having seen bullying escalate in student houses, the added factor of having the parents as landlord would not be nice.

If it were my daughter I would be encouraging her to seek conciliation, to maintain the friendship, but also move out and live somewhere else. As I have said to countless students, you can still be friends with people even if you don;t live with them.

silvercar

Just because the contract says AST on it, it doesn't mean that it is.

Who owns the property? If it is the parent, then your daughter and the daughter of the owner may both be tenants under an AST. If the property is in the name of the daughter (or joint names with the daughter) then it is not an AST as she is living with her landlord. she therefore is a lodger and has very few rights, but the advantage that she doesn't need to give much notice to leave.

meg72

Personally if this was my daughter I would want her out ASP, what a horrible situation, have a bit of a tiff with daughter and get parents round shouting at her.

I would take the advice given regarding the Uni. tell them all that has gone on and hopefully some other poor student wont have to suffer this kind of abuse.

suited-aces

If someone can confirm there's no holes in what I'm suggesting, I'd play along, get it in writing that they're evicting her (so they've no legal recourse to try and claim for unpaid rent), then when I'm out I'd call the police and pursue a prosecution for illegal eviction.