Legal position on notice for flat

drbluebox

I moved into halls of residence only 2 weeks ago but I decided to change my degree which means going to main campus, I asked the university who informed me if I move I will have to pay the remainder of the year plus a £40 penalty payment. And its the academic year(August 2008) they want me to pay to.

I never got a list of terms and conditions when I moved in, just filled in a inventory form, a next of kin form and signed a form saying my moving in day.

I picked up a booklet from the acommidation office which says the terms and conditions and also mentions my deposit will be returned after 28 days after "inspections" are made.

I have found somewhere at my new campus which is cheaper and nicer anyway but I will lose it if I dont move in in the next few weeks.

I dont mind handing in notice of a month or so and the halls are in high demand so someone would move in fast, in fact I can get one of my friends to move in who needs somewhere to stay.

But whats the legality of forcing me into a long term agreement I didnt know about and having no get out clause etc.

I paid by debit card so have reciepts.

The only get out clause is that you need a doctor to do a medical report which has to approved by the director of the university and even then you have to pay for the remainder of the term

And if you are asked to leave from the course, or they chuck you out of the halls again you have to pay the whole academic year.

silvercar

Doesn't the uni have a scheme where you can find a replacement yourself and just pay a small charge to swap the names over? (Mine did but that was in the 1980s!)

If the uni is responsible for the accom on both campuses, won't they let you swap.

I doubt normal tenancy rules apply here; its more a licence to occupy rather than an assured tenancy.

drbluebox

Hi some bad news, I spoke to the accomidation officer for my campus who is rude and has a rep of making excuses to keep deposits and not letting people move out who claimed even though I never got the T and Cs when I moved in, as I now read them that means I "accepted" them

I said I found someone to transfer into my room from the main campus and she said that didnt count as they already pay for halls at the main campus so are on system.

I also asked them if I vacate the room today how long would she put my room down as next in the list of available rooms and she refused saying theres a few other rooms which havent been occupied yet so mine will be last in the list as im already in the room.

Basically saying now they have me, even though they could get someone in today they wont as that means more money.

She also lied as BEFORE I moved in and even before I saw room she asked the reason why I moved from private accomidation to the halls and I said my old place was too noisy and I was kept awake and it was affecting my coursework. She told me the halls are loud, and I said thats fine I can handle it if not all the time, and if I dont like it I will just move out.

She claims I never said that

And yes if I find a new tenant I wont be liable its just finding one on a small campus

clutton_2

i really think you need legal advice here as students agreements are often not the same as normal house tenancy agreements. i would go to CAB and take all your paperwork with you, or go to Shelter for advice.

drbluebox

A bit of a result now, Union said they cant help, but they did put up my posters, student welfare said they couldnt help, but I was feeling ill anyway so went to the nurse, and she told me I had tonsilitis due to stress plus living in a place full of loads of people, and spoke to the local doctors surgery(where they have links) and the dr is seeing me on Friday to do a checkup plus is writing me a letter to get me out of my contract

clutton_2

i very much doubt if a doctors letter will get you out of the contract !! an AST is a legally binding document

I suggest that you go to CAB or a solicitor or Shelter - you need professional advice on this particular tenancy agreement - we cannot help as we have not seen the agreement.

drbluebox

Guess what, more problems, they tore down the posters I put up(despite them being approved by the SU) saying im not allowed to advertise the room, and the doctors letter which I got stating living there has affected my health PLUS caused stress, depression, lowered immunity and affecting my course wasnt good enough and I was told again if I moved I will have to pay until July.

clutton_2

you have signed a legally binding document -

in your original post you say

"""The only get out clause is that you need a doctor to do a medical report which has to approved by the director of the university and even then you have to pay for the remainder of the term""

so what was the point in getting a doctors letter ?

is there a student welfare office who can advise ?

drbluebox

The doctors letter is the medial report, but the accomidation office said the letter was stupid and there was no point getting one as I wouldnt be released from the contract.

So the woman even admitted there was zero chance of me being let out of the contract

drbluebox

GRRR I am so """"""" angry got an phone call today from the secretary of the boss, she said he turned down my request due to the university offering me alternative accomidation! WHAT alternative accomidation I have NOT been offered any.

Why did the """""""" ignore the doctors letter stating it is very bad for me staying in accomidation, I am taking medication due to the stress its causing me and if I stayed in halls I would leave university.

The only "offer" they gave me of alternative accomidation was saying a student was moving out of one of the smaller blocks at the end of Janurary and his room might be available but someone else has shown an interest in it.

Scumbags all of them

I have had enough im giving them an ultimatum tommorow, either let me out of the contract or I will leave tommorow.

lynzpower

Hang on right one minute.

It sounds like you are getting yourself all in a whirl about something that might or might not happen. take a deep breath.

The fact is, if you have no document that is signed by you to say you will pay till the end, then how can a court enforce it. they cant. if you havent signed it, it cant be legally enforceable.

I work with licenses as opposed to tenancies, yes they are different, they have much fewer rights.

but legislation will always precede a license, for example the consumer credit act, housing acts etc. Dont get into a stress about it.

If you have a licence that you have signed with this clause in it it might stand up in court, but if you dont, reading is not AGREEING, thats why all legal documents are SIGNED!!

Dont get yourself in a tizz, and your doctor sounds litagous too, Id concentrate on the facts of the case