Student daughter told to leave several days early

RAS

You do understand that if she has not had the S21, she is not required to leave?

Ask if she has had it or not.

SerialRenter

It's important to note that a tenancy does not necessarily end just because the fixed term comes to an end.

If your daughter was to remain in the property past the 30th (which she doesn't need permission to do), then a periodic tenancy could begin, as per stature.

mrginge

I'd be tempted to tell the LA that I had decided to stay on for a few months, so their check out appointment would not be necessary.

RAS

Oh

And has her deposit been properly protected and did she get the prescribed information within the 30 days?

Yorkie1

WestonDave wrote: »

She may have had a S21 issued with the tenancy at the beginning - if not and they haven't issued one since then she is entirely free to stay as her tenancy will revert to an ongoing periodic tenancy. That would be a bit of an "oops" for the LA!

If this was the case, it's probably unlikely to be valid because it isn't valid if served before protection of deposit - and if served with the tenancy right at the start of the term, there almost certainly won't have been time to protect the deposit first.

RAS wrote: »

Oh

And has her deposit been properly protected and did she get the prescribed information within the 30 days?

This is another valid point - if not, any s.21 will be invalid.

See G_M's post for more info, OP:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Herbalus

Just to clarify - do all contracts revert to a rolling contract after the fixed period?

With student contracts I assumed (perhaps erroneously hence the question) that the contracts were written as specific for the year and could not be extended. I'm sure that my agreement a few years ago specified the date I would be moving in and out, and my thinking was therefore, with a contractually agreed moving out date, that an STP wasn't an option. Surely landlords wouldn't sign agreements with new tenants for the coming year with the current students still in situ and no confirmation of them leaving?

Yorkie1

Herbalus wrote: »

Just to clarify - do all contracts revert to a rolling contract after the fixed period?

With student contracts I assumed (perhaps erroneously hence the question) that the contracts were written as specific for the year and could not be extended. I'm sure that my agreement a few years ago specified the date I would be moving in and out, and my thinking was therefore, with a contractually agreed moving out date, that an STP wasn't an option. Surely landlords wouldn't sign agreements with new tenants for the coming year with the current students still in situ and no confirmation of them leaving?

Yes, student contracts are in law no different to any others. There is an initial fixed term, after which a rolling monthly period automatically comes into force [there are a few occasions when a contract can be drafted to state that a different type of follow-on contract arises, but this isn't common].

The only 'difference' with student tenancies is the fact that all tenants are studying in line with academic years and it's generally understood that people renew or move on to another place. However, if things break down, then the law applies as for all other tenancies.

NB. This reply is in the context of England / Wales.

silvercar

Herbalus wrote: »

Just to clarify - do all contracts revert to a rolling contract after the fixed period?

With student contracts I assumed (perhaps erroneously hence the question) that the contracts were written as specific for the year and could not be extended. I'm sure that my agreement a few years ago specified the date I would be moving in and out, and my thinking was therefore, with a contractually agreed moving out date, that an STP wasn't an option. Surely landlords wouldn't sign agreements with new tenants for the coming year with the current students still in situ and no confirmation of them leaving?

Years ago, student contracts were written as dodgy licence agreements for fixed terms, now this is no longer possible. So a standard contract is just that. I'm sure 99% of student landlords rely on students either staying on another whole academic year or leaving at the end of the summer term. In law this could put them in a very difficult situation.

dimbo61

If your daughter is the only tenant and renting on her own then an email to the LA could cause them huge problems.
Did you sign a deed of guarentor form ?
Has she been sharing with other student tenants ? On a joint tenancy !
Have the rest gone home and are waiting for the deposit to be returned ?
If she stays after the 30th she will have to pay a full months rent for the whole property.

jjlandlord

Yorkie1 wrote: »

Yes, student contracts are in law no different to any others.

Unless they (tenancies) are, e.g., for an accommodation in a university's hall of residence.
Perhaps that's a source of confusion.