Student lettings and summer retainer! Help!

Myanda

Hi all,
I'll try and keep this as short as I can.

A friend of mine signed (along with some friends) for a student house for next year. They all paid their summer retainers (£300) and all was good.
However, one of the friends has had to pull out of the contract. Instead of allowing the girls to find another housemate for the now spare room, the lettings agent have gone ahead and allowed another group to sign for the house, stating that the girls will not be getting their summer retainers back.

Now, please correct me if Im wrong, but I believe this is highly unfair and I have to question whether this is legal?!
Can anyone out there shed any light on this!?
Any help/advice will be greatly appreciated.
Myanda.

amiehall

You might consider posting this on the housing board?

It seems really odd and I've never encountered anything like this before. I probably wouldn't have approached the letting agent until I had found a replacement but that's done now.

Did they get their contract when they paid their retainer?

Myanda

Hi,
Thank for your reply and sorry its in the wrong place...Im a bit of a newbie in this!

Yes, they have their contracts, she is bringing it over for me to look through tonight. And they said to the lettings agent that they would find a replacement but the agent has now gone over their heads... i cannot see how, legally, they can just throw away a contract like that, surely if its legally binding for the tenant, it is for the lettings agent/landlord too!

amiehall

No it's not the wrong place but there are proper housing legislation experts on the other board which I think you won't find here.

http://forums.moneysavingexpert.com/forumdisplay.php?f=16

I think that it really depends what is written in the contract about what would happen if one person leaves the agreement. I presume they're all on one agreement?

Mind_the_Gap

The letting agent/landlord are in the wrong, and would be in breach of contract if they let another group occupy the property unless you formally surrender your joint claim to the tenancy.

As the tenancy hasn't begun yet (ie you haven't moved in), it's not the same as if you had (in that case, they would be looking at being prosecuted for illegal eviction), but you still have a contract with them to create a tenancy and you could sue them for breaching that. Your losses though would be limited to your legal costs and the cost of finding somewhere comparable to rent before the summer.

You should certainly kick up a stink about it - report them to your Uni Accommodation Office so they can warn others to beware of that agency. Tell them that you will do this unless they refund all your fees, deposits and rent in advance in full. Tell them that if they do not do this you will sue them for breach of contract. Your Student Union Law adviser will help you do that.