Landlord threatining daughter with CCJ

jimbo19

I'm not sure if this is the right forum for this question but here goes
My daughter was at uni last year (first year) in halls of residence.
As most students do , during the 2nd term her and friends started looking for a house to share. They all found somewhere and paid their deposits £100 (I think). She never got a copy of the contract that was signed and unfortunately in last term (due to health problems etc) she wasn't even living at uni , she was travelling from home . She had been let of the last terms accomodation fees by the uni due to doctors letter etc.
She spoke to the landlord before the end of uni to inform him that she wasn't going to be taking the accomodation and he verbally said she or he would have to find someone to take the place.
On Friday we recieved a letter from him , informing her that she hadn't told him she wasn't taking the place and to send the first terms rent (£500) and then the subsequent terms rents or he would be taking out a CCJ
Where would he stand legally with this and how likely would he be to win a CCJ ?

Thanks

Keeping_Positive

Cant help but try this site

http://www.swarb.co.uk/phpbb/index.php?sid=2d1c26512fb144e93e09a7ac294b94bb

bwgames

Your daughter did sign a legally binding contract. HOWEVER, it is also the landlords responsibility to migitate his losses.

If, by the end of term, you mean she told the landlord in June or so that she wouldn't be taking it, that is lots of time to find a replacement tenant.

I would recommend you get a friendly local solicitor to write to him pointing the above out and see what happens then.
When your daughter told the landlord that she wasn't going to be able to take the house, did she do it in writing or get any proof she told him?

jimbo19

She got no proof in writing , it was via a telephone conversation , which I actually overheard.
This conversation took place at the end of May

bestpud

Try contacting the SU or student welfare advisor as, if nothing else, they may be able to recommend a solicitor who is used to dealing with cases like this.

eira

also contact Shelter-my daughter ran foul of two really scummy landlords.Shelter has advice on its website and an excellent free helpline. we had to take the two landlords to court-daughter won one landlord owes them £50 and the other £750-they are both pleading poverty and therefore an inability to pay ! As a student she will also qualify for a solicitor but they weren't much use we did it ourselves in the end. But a solicitor will get the right letters out and send out signals about pushing people around. One of the landlords that tried to fleece my daughter cleaned her friends out of £4000. Scam is that even if students don't have money they rely on the frightners of CCJs etc to get mummy and daddy to cough up. Turned out daughters landlord has been doing it for years .

Stubert

The landlord has got to give you the option to pull out of the contract at some point. If you do not want to go on with the contract you usually have to give at least a months notice in writing stating this or she would be liable for the fees definitely. Although every contract will be completely different obviously but I am assuming she didn't give anything to her LL in writing from the original post?

However if her other friends are staying in the house and she didnt pull out of the contract it would be her responsibility to fill the room or the rest of the students in the house to fill the room. Its probably a collective contract so usually the other students in the house responsible for filling it arent they and covering the cost while its vacant. Its a bit harsh from the person thats left as really its their responsibility but usually contracts say its the house collectively that has to cover it.....well mine did/do at university.

melancholly

did she have a joint tenancy agreement with the rest of the house, or an individual contract?

jimbo19

Thats part of the problem - she was never given a copy of the contract and I have never seen it. We will be writing back to the landlord pointing all this out and asking for a copy of the contract she signed

melancholly

also, when did she pay the deposit? if it was after april then the new regulations will apply - sounds like the landlord has not followed them at all and you'll like this quote:


What if your landlord isn’t protecting your deposit?

You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.



have a look around the whole webpage - should give you some ammunition for your letter!
http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

Stubert

melancholly wrote: »

also, when did she pay the deposit? if it was after april then the new regulations will apply

From the sounds of it she signed the contract over a year ago as from the looks of it she's already lived in that house for a year?

So I assume she would have signed a contract Jan 06 ish? Therefore it wouldnt fall under the new scheme.