Fixed term tenancy dispute with landlord -Unite Students

billo777

I have been trying to be released my tenancy since December and need some advice on where I stand

Since I have started university my mother has been made redundant meaning I could no longer afford my rent as I depend on her for living costs. when I consulted unite I was told that in order to leave my room I would need to find a replacement tenant, which I did in January and this is where my dispute comes from.

Before I found this replacement tenant I was told in person by 3 separate members of Unite staff that the replacement tenant would have to pay the same sum that I did (£116pm) as such I advertised my room and found a person willing to take it on however at the last minute when she was reading over the contract unite were demanding £133pw for the room and claimed that this was because as I booked the room early I received a 'discount' on the room (which there is no mention of in the contract) and any new tenant would have to pay the new 15/16 term rates, and so she pulled out and I have been trying to find someone ever since. Recently though I got my student union involved and under pressure Unite changed their mind and said I can now advertise it for £116 because there was no mention of charging a replacement tenant a higher sum, which I was frankly livid about as I now face having to drop out of university and dont even have the keys for the room anymore as I gave them in, along with a £50 admin fee to get out of my contact back in december!

This is the 'Tenancy transfer' Article of my contract:

7. TRANSFER OF TENANCY

7.1. You agree that you will not transfer the tenancy created by the Tenancy Agreement to anyone else without first obtaining our written consent, which we will not unreasonably withhold. However, we may as a condition of the proposed transfer:

7.1.1. charge you an administration fee of £50:

7.1.2. require you and your Guarantor to enter into a guarantee of the incoming tenant's obligations under the Tenancy Agreement (but only for such time as the incoming tenant remains the tenant under the Tenancy Agreement) in a form reasonably required by us;

7.1.3. if it is reasonable to do so, require the incoming tenant to provide a guarantor of his/her own in respect of the obligations of the incoming tenant under the Tenancy Agreement; and

7.1.4. require the incoming tenant to enter into an agreement with us which confirms that the incoming tenant will observe and comply with the obligations of the Tenant contained in the Tenancy Agreement.

7.2. You will not sublet the Room or part with possession or share occupation of the Room or any part of it under any circumstances.

I feel as though I have been seriously let down by Unite as I have missed out on finding a replacement which would be very unlikely now given that all old and new students would have moved back in January and found new accommodation and would have been put off by the £133 figure I was told I must to advertise at, and feel they may have even breached the contract and their obligations as a Landlord, do you think I have a case in disputing the contract? and what could you suggest I do now?

Any help or advice would be greatly appreciated as I am now practically homeless, thanks.

[Deleted User]

I am sorry, I am not a student so don't know who Unite are. But I wonder if the NUS can help?

billo777

deannatrois wrote: »

I am sorry, I am not a student so don't know who Unite are. But I wonder if the NUS can help?

I've had a look and as far as I can tell NUS prefer that you speak to your particular Students union first so I think I will have to wait a while before I can try and seek their help I'm afraid.

Also unite are a private student landlord so they have no obligations to the university in being helpful or lenient in this matter

silvercar

Since I have started university my mother has been made redundant meaning I could no longer afford my rent as I depend on her for living costs. when I consulted unite I was told that in order to leave my room I would need to find a replacement tenant, which I did in January and this is where my dispute comes from.

You should contact student finance and get your student maintenance loan re-assessed if your parental income is now lower. It may be that you will be entitled to some grant or increased loan.

Where are you living now? You should contact your student union for support, they have hardship funds that may be able to assist you.

Unfortunately, when you sign a contract for a year that is what you are committing to. It may be that some students will need accommodation for the Summer term. Did you have a guarantor? If so they could be chased for the rent shortfall if you don't pay it.

billo777

silvercar wrote: »

You should contact student finance and get your student maintenance loan re-assessed if your parental income is now lower. It may be that you will be entitled to some grant or increased loan.

Where are you living now? You should contact your student union for support, they have hardship funds that may be able to assist you.

Unfortunately, when you sign a contract for a year that is what you are committing to. It may be that some students will need accommodation for the Summer term. Did you have a guarantor? If so they could be chased for the rent shortfall if you don't pay it.

Thanks for the reply, I am afraid I've looked at all channels of financial support from the university or student finance, I am living with a friend at the minute in a temporary situation.

My guarantor who is my mother is being pursued at the minute and I'm afraid it is money neither of us really have

My only option now seems to be to look at the contract and see if there has been a breach in the terms on unites part, which I believe I have a case in as I met all conditions in the 'transfer of tenancy' article only for staff at reception to send away my replacement tenant in an attempt to charge her a large sum more than what she should be paying, going against what it says in the contract and what I have been told in person by members of the reception! Leaving me with a very slim chance of finding someone else at this stage of the year.

RAS

Hi

Please, please go and see your Student Finance and Student Welfare people urgently.

You may be entitled to more money.

They may be able to help out with a hardship loan or grant.

They may be able to talk to Unite.

stator

As a student do you even have the money to pay the rent? What would happen if you stopped?

billo777

RAS wrote: »

Hi

Please, please go and see your Student Finance and Student Welfare people urgently.

You may be entitled to more money.

They may be able to help out with a hardship loan or grant.

They may be able to talk to Unite.

I think I have exhausted all means of financial support, I am in contact with my Student Union at the moment waiting for them to get back to me

stator wrote: »

As a student do you even have the money to pay the rent? What would happen if you stopped?

I have stopped paying, so far my mother has received a letter threatening me with debt collectors :mad:

Techy_girl

Hi - what was the outcome of this situation? Did you get help or a new tenant?

G_M

2 year old thread. Unlikely OP is still around.