Daughter being evicted from student house

rolo-polo1965

Help - Daughter being evicted from Student Accomodation!!!
Recieved a call from my daughter at 11pm Friday night to say that she is being evicted from her student house.

The house belongs to one of her course friends parents.

She has a contract which has been signed and is for he forthcoming year.

The land lords daughter and my daughter had a disagreement last night over a toaster! When my daughter got in yesterday her toaster which was in the kitchen had been placed out side her bedroom door. My daughter asked her 2 house mates why?

The land lords daughter told her that there was not room in the kitchen for it so she had spoken to her mum about it and so had removed it from the kitchen!

She then proceeded to shout and swear at my daughter telling her that this is her house and she could do what she wanted.

My daughter says she was very calm and did not shout or swear at her. My daughter told her sh needed to eat her tea that she had brought home with her then would talk to her about what was concerning her.

The land lords daughter went up stairs to her room.

The next thing the land lord arrives and starts shouting at my daughter tellingher to stop upsetting her daughter as this is her house and she can do what she likes in it. They do not want my daughter living there any more and her contract is now terminated and she needs to get out over the weekend! She became very abusive towards my daughter and was swearing and shouting in her face. She accused my daughter of bullying her daughter and was going to report her to the police! She also said they do not need my daughters rent as her daughter is more important and needs a safe environment to live!

She also told my daughter that the third house mate who my daughter gets on very well with that she has been contacting her telling her that my daughter has been making her life a misery and bullying her. The third house mate spoke to my daughter via face book and has said this is all lies!

She said all this in front of the other house mate and my daughters boyfriend.

Luckily we only live 10 mils away so my daughter can move back home and still attend uni!

My daughter came home last night very upset after talking to the other house mate via facebook and she will back my daughter up on all of the above!

She has emailed the land lord asking for her eviction in writing!

I guess i am basically after some advise here!

Where do we stand?

rolo-polo1965

Saturday we spent the day moving her stuff out of the house,

The third tennant was there and became rather upset over what had happened and explained that everything that had been send about my daughetr was lies and she was impressed by my daughter as she asured me that she did not shout or swear at the land lond whilst she was verbally abusing her!

princeofpounds

Who is the landlord exactly? The student or their parent?

If the former, there is little you can do. Your daughter is just a lodger.

The latter, there has probably been a criminal offence of illegal eviction. Which can be very serious.

Do you have evidence a tenancy existed and that your daughter actually was evicted? If you don't wave this threat around and get something in writing that shows what happened your daughter is in a very strong legal position. She should keep records and receipts for everything this is costing her.

Eventually you then will have to decide whether to get legal, or try to reach some kind of settlement.

poet123

I think that the situation is untenable for both parties now. So, I would contact the other parent and ask for a return of any monies paid (deposit) and a refund of rent paid upfront as they have broken the contract. Keep calm and polite even though you will want to call them to account for the way they spoke to your daughter. When the monies have been repaid, then I would make another call and speak to them about the manner of the request to leave and the accusations levelled at your daughter.

julieb1987

Read through the contract that your daughter signed. There should be something about notice served by the LL. It's usually at least 2 months' notice. Your daughter could stay and she and her housemates may resolve the argument by then. Or if they have breached the contract then she is in a strong position legally. She could threaten court action (as what they have done is technically illegal). I agree with Poet though that you should try and calmly resolve this and ask for deposit etc. back before doing anything rash. After all, she still has to go to Uni with this girl.

Whether she is "just a lodger" or not makes no difference. She still has rights.

Fire_Fox

What sort of tenancy is this - a joint Assured Shorthold Tenancy, rooms let individually, lodger, is the house an HMO? What does your daughter want the outcome to be given you have moved her out? When does the fixed term end if an AST?

DO NOT contact the other parent you are not party to the tenancy and she is an adult. DO NOT deal with this by telephone, support your daughter in writing her own letters and keep a paper trail - recorded delivery, proof of posting. Stop using Facebook or texts, that is for matey situations like organising nights out, this is big girl stuff with legally binding contracts.

PasturesNew

We covered this to its conclusion 2-3 days ago I thought
https://forums.moneysavingexpert.com/discussion/4230121

rolo-polo1965

I was advised to put this on this board as it was felt i would get more advise!

Thanks for all your help

princeofpounds

Having read the other thread, it might not be as straightforward as I thought. For a valid tenancy to exist consideration (something of value) must have passed both ways. Your daughter was given accommodation. She has not yet paid rent or a deposit. So there may be no legal tenancy yet, and no illegal eviction.

poet123

Fire_Fox wrote: »

What sort of tenancy is this - a joint Assured Shorthold Tenancy, rooms let individually, lodger, is the house an HMO? What does your daughter want the outcome to be given you have moved her out? When does the fixed term end if an AST?

DO NOT contact the other parent you are not party to the tenancy and she is an adult. Support your daughter in writing her own letters.

It seems to me that the other parent acted primarily as a parent in this situation not as a LL so if the OP wants to get involved she is entirely within her rights if her daughter agrees.

In any event I expect the OP is party to the rental agreement as a guarantor, as is the case with most student lets.

Fire_Fox

Thanks, Pastures, always nice to know we are having our time wasted. One of those thread where the OP only answers half the questions so get half responses.