Advice needed for student accomodation

Anonymous124

Hi,

I wonder if anyone can help:

Last Feb i signed a tenancy agreement to live in a student house with 3 other people (contract starting in the Sept) However, I emailed the letting agency (March) saying I had medical issues and would need to pull out of the contract, i also said i understood i wouldn't get my deposit back - they asked for medical proof (which i sent) then phoned back saying the landlord didn't consider my medical reasoning an adequate enough reason to pull out of the tenancy, they also threatened court action would be taken if i didn't pay the rent.

I heard nothing from them until September where they stated again I was still liable to pay rent - i explained the whole issue with them again and they didn't correspond very well at all. In November they sent a letter saying they "intend to pass the issue over to a debt collector."

I haven't anything yet but I'm still very worried; also, my tenancy agreement wasn't fully completed as it did not have a guarantor on - in their T&C's it states that if there is no guarantor then the deposit for the tenancy agreement will be forfeited.

Pixie5740

Where in the UK were you renting a property?

What date did the tenancy start?

Does the tenancy have a fixed period?

Was your tenancy agreement solely in your name to rent a room or was it a joint tenancy with the 3 other people living there?

If you can answer those questions the forum users might be able to give you some advice.

Anonymous124

North east of England

The tenancy started early September '13 and expires July '14

I'm unsure as to whether it had a fixed period

The room i was renting out was just in my name

Pixie5740

It sounds like your tenancy agreement has a 12 month fixed period. You signed the agreement so you are liable for the rent due until July 2014. By the sounds of it you tried to negotiate an early surrender due to medical issues but for whatever reason your landlord decided not to end the agreement earlier, legally they don't have to.

You are now in arrears with your rent and the landlord can take you to court to recover the rent due which is probably more than your deposit.

The part in your tenancy agreement about not having a guarantor means you forfeit your deposit is enforceable nonsense. If they wanted you to have a guarantor they should have sorted that all out before you moved in.

It sounds like you were living in a HMO. Were there any gas appliances in the property and was your deposit protected?

Legally you owe the rent but I'm trying to see if there's some other angle you can use.

A couple more questions. Did your landlord live in the property and do you know if you room has been re-let since you moved out?

Anonymous124

Yes there were gas appliances and as far as I'm aware my deposit wasn't protected no

The landlord didn't live in the property and no it hasn't been re-let (I didn't move in as I told them several months before hand about my medical problems)

One other thing - the letting agency said it would be alright if I sent medical proof but changed their tune once I had.

They haven't stated how much I owe in any correspondence prior to saying they are handing it over to a debt collector

Pixie5740

I'm a bit confused. The tenancy started in September 2013 and you signed the tenancy agreement in February 2013 but told the Letting agency (LA) in March 2013 that due to medical reasons you were unable to move in. Is that timeline correct?

The LA work for the landlord (LL) and ultimately any decisions concerning the property rest with the LL. It seems daft though to make you stick with the tenancy agreement when there were 5 months to find someone else. Fair enough to charge you the costs associated with re-advertising and finding a new tenant but holding you to pay rent until July 2015 is harsh but probably quite legal.

I would recommend you contact Shelter for advice 0808 800 4444 as I am in no way legally trained and am more familiar with Scottish tenancy law. It might also be worth contacting your university's housing officer/department.

Anonymous124

Yes that's right I alerted them of my medical condition march 2013 when the contract didn't start until September 2013 and ends july 2014 - apologies for the confusion, it has spiralled from a small situation to this.

I will be contacting advice lines in due course