Tenancy Contract

sandie11_2

Hi, my daughter moved into student accommodation in September, she paid her rent for the first term but had to move out at Christmas due to trouble with other tenants.

She found somewhere else to live and is paying for that now. However her original landlord is demanding rent for the rest of the year.
They say she signed for a year and will have to pay, we received court papers from them yesterday. It is so worrying she doesnt have the money and neither do I. I really don't know what to do.

She says she didn't sign a contract with them and when I asked they produced one. They have typed her name on but it is not signed by her.
Is this still binding.
Just really worried, she is only 19, just starting out, don't want ccj's and bailiffs here etc.
Sorry, what I want to know is if they would still be able to take her to court even if the contract hasn't been signed.

G_M

sandie11 wrote: »

Hi, my daughter moved into student accommodation in September, she paid her rent for the first term but had to move out at Christmas due to trouble with other tenants.

She found somewhere else to live and is paying for that now. However her original landlord is demanding rent for the rest of the year.
They say she signed for a year and will have to pay, we received court papers from them yesterday. It is so worrying she doesnt have the money and neither do I. I really don't know what to do.

She says she didn't sign a contract with them and when I asked they produced one. They have typed her name on but it is not signed by her.
Is this still binding.
Just really worried, she is only 19, just starting out, don't want ccj's and bailiffs here etc.
Sorry, what I want to know is if they would still be able to take her to court even if the contract hasn't been signed.

On the one hand the lack of signature on the agreement suggests no contract & no liability.

On the other hand the fact that she paid rent, and received accomodation, forms a contract. In law, a contract does not have to be written. It can be verbal.

Did she pay rent direct to the landlord/agent, or to her housemates who then paid the LL/agent?

Assuming there IS a contract, it is likely to be a 12 month one
a) as that is presumably what the (unsigned) agreement says and
b) as that is normal for students.

That is how a court would approah the above scenario should it go that far.

the reality is if a student moves into student accomodation for a year, they are liable.... for a year.

You say "We received court papers...".

Who is "We"? Daughter? Parents? Both? Did you sign a 'guarantor agreement'? If not, this is legally nothing to do with you.

If yes, there are questions about whether it is valid (esp given that the LL/agent c*cked up getting the tenancy signed!)