Student renting... need URGENT advice please

ruggedtoast

I would bet they don't have a contract. Not one signed by the LL anyway. The earliest I ever saw any of my landlords signatures on the tenancies I signed was 6 weeks after moving in.

You see, tenants don't really have any rights in England. Just obligations. The obligation to pay money up front just to have permission to pay again to have a credit check. Followed by the obligation to pay 8 weeks rent and sign a blank tenancy on which you may, if you are really lucky, see a counter signature of someone you have never met weeks later.

If you try and back out you better believe the agent will have that signature post dated the minute after yours. If they want to back out it will never have been signed at all.

chewmylegoff

ruggedtoast wrote: »

I would bet they don't have a contract.

if they have paid the first month's rent then i would say that a contract exists whether or not the LL has signed a bit of paper.

however, since this LL is obviously a cretin, i would personally be looking to cancel whatever contract exists by mutual consent and get all monies paid back in full as i doubt this will be the only think that goes wrong with this tenancy.

silvercar

The dark art of student rents. Chances are the landlord thought the new students are unlikely to move in before September, so agreed to the old lot staying for July in return for some extra rent. Plan foiled by a parent turning up at the beginning of the tenancy.

Landlord will probably agree to refund new tenants July rent and give an 11 month tenancy. Most students would be happy with that, upto you if you want to go for that.

Either way best bet is to speak to the landlord directly.

tinaa1

Silvercar... you hit the nail on the head... They had not banked on me turning up on the 1st july to pick up the keys.... The annoying thing was.. they (or should i say ME, Bank of mum) had to pay a retainer of £800 to secure they could move in on the 1st July, and a deposit all of which was paid back in May 2013 and the tenancy agreement was signed also in May 2013... He wasnt expecting them to move in on the 1st July and so not only did the LL get £1500 from my daughter and her friend, but he has also got additional rent from the students that are still living there. The LL knew exactly what he was doing, he lied to me about handing the keys over on the 1st july, going as far as telling me to meet him at the property and he would hand over the keys, knowing full well he wasnt going to turn up. So as it stands at the moment there is no valid tenancy agreement and they wont give them their money back..... Not sure what else to do,other than get a solicitor involved :mad:

anselld

So, what do you want to happen?

Get back deposit and find other accomodation? If so send letter before action followed by claim through courts.

Or do they not actually need the place yet? In which case, if they are prepared to overlook that the LL has behaved appallingly, they can use this to negotiate a couple of months reduction in the term and save some money on rent.

bouncydog1

Retainers normally cover July and August with the proviso you cannot nove in until 1 September. If you move in prior to that time you pay full rent for those two months. Read the contract and report back.

tinaa1

What i really want to know is..... due to the fact that the LL did what he did and the EA lied about giving them back their retainer as a "sorry for the inconvenience caused" are they in their rights to get all their money back... retainer, deposit and the first months rent they have paid?

anselld

tinaa1 wrote: »

What i really want to know is..... due to the fact that the LL did what he did and the EA lied about giving them back their retainer as a "sorry for the inconvenience caused" are they in their rights to get all their money back... retainer, deposit and the first months rent they have paid?

As bouncydog indicated, it depends on the terms of the summer retainer, ie does it actually give any rights to access or use the property, or is it just a reservation fee?

If the L has failed to deliver the contract on time, then yes you are entitled to claim full refund.

silvercar

anselld wrote: »

As bouncydog indicated, it depends on the terms of the summer retainer, ie does it actually give any rights to access or use the property, or is it just a reservation fee?

If the L has failed to deliver the contract on time, then yes you are entitled to claim full refund.

Although this summer retainer idea is common amongst student lets, legally it has very little standing. Either you pay rent and have access (and quiet enjoyment) of the property, or you don't. Legally a landlord can't take half rent and not let you have the keys.

tim123456789

bouncydog1 wrote: »

Retainers normally cover July and August with the proviso you cannot nove in until 1 September. If you move in prior to that time you pay full rent for those two months. Read the contract and report back.

1500 pounds for 2 months doesn't sound like a retainer to me

it looks pretty much like full rent

tim