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Student Accommodation

Robbo2407
Robbo2407 Posts: 1 Newbie
in House buying, renting & selling
We paid a deposit in January for student accommodation for our son who has now decided he is not going to University. When we visited the accommodation we were told (and I was there so I know this is true) that their accommodation went quickly so if we wanted to reserve a place it would be better to pay the deposit which would be refunded if our son decided not to go to university. The company are now saying that we are in breach of contract and in actual fact our first payment of £7000 was due on 1st of June. Any recommendations of what we can do?
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Comments

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    What does the contract you signed say?
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    What did the actual contract that was signed stipulate regarding cancellation?

    I appreciate you say you had a conversation about the deposit return,however its difficult to prove what was actually talked about...the facts will be what is written,not necessarily spoken
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  • Marvel1
    Marvel1 Posts: 7,543 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you have paperwork backing up what either side are claiming?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Just to be clear rent isn’t due. The tenancy never commenced, so this is just a breach of contract case
  • duggan1
    duggan1 Posts: 508 Forumite
    Part of the Furniture 100 Posts
    £7000?

    Why did he decide not to go to university on the moon?
  • Housebuy12345
    Housebuy12345 Posts: 211 Forumite
    What did you sign?


    @Comms69 how did you get to that result?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    chances are its been re let and they are scamming , ask son if he would like a nice holiday for a term
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Housebuy12345 wrote: »
    What did you sign?


    @Comms69 how did you get to that result?


    a tenancy only begins once a tenant takes possession of the property. Which is when rent becomes due. At the minute this would be a breach of contract, and under such circumstances the landlord would be obliged to mitigate their losses. So in this case it would be to find an alternate person to rent the room. If they can show they took all reasonable and necessary steps to do so, they could subsequently clam the difference. For example if it took a month to find someone, they could claim for a month of the lost rent.


    They cannot just claim the full amount and do nothing.


    In such circumstances it's better for them to fix the problem first and then claim the correct amount.
    twhitehousescat wrote: »
    chances are its been re let and they are scamming , ask son if he would like a nice holiday for a term



    That is a possibility.
  • Housebuy12345
    Housebuy12345 Posts: 211 Forumite
    A tenancy might begin when a person takes possession of the property but why is everyone paying rent before they move in?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Housebuy12345 wrote: »
    A tenancy might begin when a person takes possession of the property but why is everyone paying rent before they move in?



    No idea what you mean?
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