she signed contract till June 2013 but wants to leave uni

worriedfordaughter

Hello All
First time posting here, but seen some great advice so was going to put something out there for your help on how to approach this situation.
My daughter is a uni student, 2nd year and rented a house with class mates. She is unwell and needs to leave uni and come home to live. She's really stressed and depressed and it breaks my heart to see this.
We wrote a letter to quit the house, to the letting agent, giving the months notice following the Housing Act legislation. The letting agent wrote to her saying she is liable to pay till June 2013 as she signed a contract with that clause.
I have yet to see the contract, my sister took it upon herself to be her guarantor.
Any ideas on how to go forward?
She is so stressed and upset and I am at a loss right now as to options available.
We would be very grateful if any knowledgeable people could share ways to help her. The only way we can see is for her to return to uni and complete the year.... but I am afraid this may push her over the edge.
Look forward to reading your ideas.
Thank you for any help offered.

Fire_Fox

Welcome to MSE. Unfortunately you cannot serve one months notice in the fixed term, you can only write to the landlord and request an early surrender on the basis of ill health. Bypass the agent, they don't have the authority to approve this. Can your daughter find a replacement tenant?

Is your daughter eating an anti-stress, low glycaemic index diet and getting plenty of exercise - at least 10,000 steps every day plus something intense three to five times a week? Research proves this is an effective 'treatment' for mild to moderate clinical depression and stress/ anxiety.

G_M

worriedfordaughter wrote: »

Hello All
.....
We wrote a letter to quit the house, to the letting agent, giving the months notice following the Housing Act legislation.
???
The letting agent wrote to her saying she is liable to pay till June 2013 as she signed a contract with that clause.
what clause?
I have yet to see the contract, my sister took it upon herself to be her guarantor.
Any ideas on how to go forward?
.

You cannot 'go forward' till you clarify the tenancy agreement. Read it!

If it a Fixed Term agreement (contract)
* what was the exact start date?
* What was the 'Term' (eg 12 months)? Or what was the end date?
* Is there a 'Break Clause' (eg at the half-way point)?
* or is it a Contractual Periodic Tenant (ie monthly with no end date or 'Term'?
* or was there a Fixed Term which has now ended?

More info here:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

worriedfordaughter

Thank you for the warm welcome firefox, really appreciate it. That is a really really good idea, and we would never have thought to contact the landlord directly on our own. I shall definitely try to make contact with him. Such a brilliant idea. Thankyou, thankyou, thankyou!

pmlindyloo

I agree with Firefox, your daughter is laible for the whole of the rent until the end of the contract. If your sister acted as guarantor, provided this was done correctly then the LL can come after her for unpaid rent.

Having said that landlords can be sympathetic when ill health is invovled.

Write to the LL explaining the reasons as to why your daughter wishes to end her tenancy early He/she may agree to find a replacement tenant and ask your daughter to pay for the advertising/credit checks etc for the new tenant.

If she is renting with other students do they have separate tenancy agreements or a joint one?

worriedfordaughter

I am overwhelmed with the warmth and knowledge here at MSE. I now have tears.
G_M I shall get hold of the contract and pose your questions to the agent and ask for the LL name and contact details, of if they will not do that, I shall write to him, care of the agency.
pmlingyloo, I will include your ideas in my letter to the LL. Least we can do given the situation. I think the students all signed separate contract agreements, they all went into the office and signed them together.
My daughter is seeing the doctor again on Friday, the doctor recommended she leave uni. It's one of those times as a parent that you feel so very helpless. So much easier when they are little. Firefox, I'm going to google the diet and encourage her to walk the dog and get out more. She is hiding away from the world and it's stresses. I know life does this to us all at one time or another..... time to don our coats and get some fresh air and perspective.

Fire_Fox

((hugs)) She will get well with her family's support. There are many of us here on MSE who have personal experience of stress and depression, your daughter is far from alone. I can tell you from both personal and professional experience nutrition and physical activity really can be effective, a decent doctor will tell you the same.

If you have your daughter walk the dog try to do some of it briskly, and look up towards the sky (yes even if cloudy!) to get daylight into the eyes. You might even have a family 'steps' challenge and purchase pedometers for all of you? They are only a few pounds. :j

skivenov

It's a tricky one. I used to be a student landlord a lot of years ago. Normally student lets are done on a 10-ish month fixed term, and paid in intervals to go with the student loan payments.

Has she had a talk with her academics or the advice service at her uni? They might be able to advise on a way she can have a break without if impactting her studies too much. Is she near enough to you that she could possibly stay over at uni a couple of days a week and get through her classes, then come home and study there?

Some landlords have hearts, so if she is set on leaving, they may help her out, but probably aren't under any obligation to, so do be nice.

G_M

worriedfordaughter wrote: »

...G_M I shall get hold of the contract and pose your questions to the agent and ask for the LL name and contact details, of if they will not do that, I shall write to him, care of the agency.:)

I suggest
a) you do not pose the questions to the agent - agents have their own (profit orientated) agenda. Read the contract yourself to find the answers.

b) The LL's name and AN address should be on the contract. However the address may be his own, or may be c/o the agent.

c) or your daughter and/or other flatmates may have an address or contact phone number for the LL - it depends how 'hands on' the LL is. Some, for instance, ask tenants to call them with repairing problems, while other LLs prefer to use the agent.

The question I forgot (thanks pmlindyloo!) is to see if the contract (tenancy agreement) is just in your daughter's name, or is a joint contract with all the other tenants.

Gemsie

I was in a similar situation when in uni. I approached the landlord directly and explained everything that was happening. I had also done some brief enquiries into whether other people were interested in taking over my room. As it happened, my landlord was more than happy to cancel my contract as their niece was about to move into the area and needed somewhere to stay. They were also very pleased that I had some potential tenants lined up. Maybe see if your daughter can do the same?

poet123

This happened to one of my sons. It feels like the end of the world at the time for them, but they do get through it. The contract he had stipulated that if one person left that person had to either pay the rent till June/find another tenant/the others cover the shortfall. In the end another of the tenants offered the room to a student on his course and that was that.

Just to add, my son was simply on the wrong course for him, fast forward 12 months and he had worked and then gone back to Uni on a course which was much more suited to him. He graduated with honours and now has a great job. So, although it seems awful at the moment, sometimes these things are for the best or at least don't work out to be as bad as you may fear. It is very hard to watch though. Good luck.