Landlord threatining daughter with CCJ

Crispy_Ambulance

You don't need to spend money on a solicitor. There should be advisers at the Students' Union who will have far more experience at dealing with student landlord and tenant disputes.

In a nutshell, an oral contract is as binding as a written one and the payment of a deposit would indicate an intention to rent the property. The landlord DOES have to try to mitigate his loss, but equally, your daughter made an agreement to pay him £X in rent and he is entitled to sue for it. An adviser can help her negotiate or defend the claim.

melancholly

Stubert wrote: »

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.

sorry - i read it completely differently - thought she was in halls and had planned for the house for this year during the second term of last academic year (i.e. feb-may 2007), which is still this calender year. confused now - n'er mind!

Stubert

melancholly wrote: »

sorry - i read it completely differently - thought she was in halls and had planned for the house for this year during the second term of last academic year (i.e. feb-may 2007), which is still this calender year. confused now - n'er mind!

Haha. I think I've read it wrong as well, sorry! Getting confused with terms and she started to look for a house at the start of her second term. But anyway I assume as in my original post most students look in about January/Feb (it started on 6th April) so it wouldnt have fallen under the scheme anyway. But its irrelevant as it would appear the student has entered a contract and is now breaking it.

But anyway yeah I think it is the students responsibility to find somebody to fill the room, its usually the way these contracts work.

melancholly

just wondered if there was any update from the OP? hope it all got sorted...

jimbo19

Have sent a letter to the landlord stating what has gone on (sent it recorded delivery)
They did all sign contracts in April 07 for the house beginning Aug 07.
As I said my daughter did have a telephone conversation with the landlord stating she would not be taking up the place about Jun 07 (due to leaving uni and medical issues)
I am awaiting his reponse , as I say no copy of th contract was ever provided

jules1213

I am afraid to say it likely that your daughter is liable - and there has been a recent case meaning landlords may not have to mitigate their losses. Though I would still advise to try and argue it!

However, the lanldord will only be able to mitgate their losses if the tenants signed individuals contracts. If they signed a joint contract which is the most common type of tenancy students enter into, the landlord cannot mitigage his losses becasue he has no right to move anyone else into the property without the permission of the other tenants.

With a joint tenancy (usually where they all sign one agreement, start and end tenancy at same time etc) they tenants are jointly responsble for the rent - so the lanldord can pursue all or anyone, in a ddition to your daughter for unpaid rent and other losses. They will all be responsible to try and mitigate their own losses by finding a replacement tenant. If a replacment tenant is founf the contract should be assigned or prefferabley a new contract drafted.

It would be very wise for your daughter to seek advise from the University or Student Union - Advice Centre.

Jules