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Help with student tenancy agreement
toffee'n'tom
Posts: 425 Forumite
I'd be grateful if anyone could help with the following.
My daughter is nearing the end of a student tenancy agreement in purpose built student accommodation. there have been so many issues which haven't been addressed the latest being they have had no oven for over six weeks (broken and being repaired) and mice in the flat. My daughter and two of her flatmates, albeit foolishly, signed the last page of a tenancy agreement with the same company in the same block for next year. She signed the last page of the agreemet (no company name on that part of the document) and emailed a copy to the company. She hasn't sent the full original document. Following the countless problems they have now decided they can't there next year. With the company only being in possession of an emailed copy of the last page (and with no reference to their company) is she legally bound to take up the tenancy?
thank you
My daughter is nearing the end of a student tenancy agreement in purpose built student accommodation. there have been so many issues which haven't been addressed the latest being they have had no oven for over six weeks (broken and being repaired) and mice in the flat. My daughter and two of her flatmates, albeit foolishly, signed the last page of a tenancy agreement with the same company in the same block for next year. She signed the last page of the agreemet (no company name on that part of the document) and emailed a copy to the company. She hasn't sent the full original document. Following the countless problems they have now decided they can't there next year. With the company only being in possession of an emailed copy of the last page (and with no reference to their company) is she legally bound to take up the tenancy?
thank you
0
Comments
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Yes. The correspondence will show atleast that a tenancy was agreed (even if without all terms and conditions). A signature isn't absolutely necessary to show an agreement exists and the agents may be able to show what the signed page referred to anyway.
The best course now is to ask the agents/LL if you can surrender the contract - they may prefer to get new tenants for the next academic year now while students are still looking than have your daughter and friends who may be reluctant tenants who stop paying rent. However they may also charge a reletting fee (or stipulate any other terms). If you can't agree, the default position is your daughter and friends are liable to pay rent for the new year.0 -
Yes. The correspondence will show atleast that a tenancy was agreed (even if without all terms and conditions). A signature isn't absolutely necessary to show an agreement exists and the agents may be able to show what the signed page referred to anyway.
The best course now is to ask the agents/LL if you can surrender the contract - they may prefer to get new tenants for the next academic year now while students are still looking than have your daughter and friends who may be reluctant tenants who stop paying rent. However they may also charge a reletting fee (or stipulate any other terms). If you can't agree, the default position is your daughter and friends are liable to pay rent for the new year.
Signing the contract does not create the tenancy. Since the tenancy does not exist the daughter cannot be liable for the rent.
The issue here is breach of contract. The OP should inform the LL ASAP that they will not be commencing the tenancy.0 -
As MrG says it's important to let the LL know asap as they are legally bound to mitigate any losses0
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Signing the contract does not create the tenancy. Since the tenancy does not exist the daughter cannot be liable for the rent.
The issue here is breach of contract. The OP should inform the LL ASAP that they will not be commencing the tenancy.
Thank you for your reply. Could you please explain furtherk? Are you saying that my daughter isn't tied into the new tenancy agreement?0
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