Not paying an unfair student landlord?

f.castle

Hi all,
        After our pub discussion, I’m asking for a friend’s son (Jack), situation as follows:
- Jack is in an AST in a student house with no break clause, 5 months into a 12 months agreement.
- Jack is the only domestic student in the house of 4 other international students from the same country.
- he has explained to the landlord numerous times there are issues such as people smoking in the house (unable to take pictures in their rooms), and noise and nuisance dirt causing him to not feel comfortable and use the property.
- There is no break clause in the contract, but the landlord verbally agreed he could move out if he found someone to replace him.
- he has found someone to replace him who is using a rent guarantor service and they have fully completed the application for this.
- the landlord has messaged the prospective tenant saying just pay them 6 months rent in advance (forget the guarantor service) and they will give them keys to the room.
- This has put the new student tenant off. The landlord will Ofcourse say this to every other tenant Jack finds.
- Jack feels trapped as he is therefore unable to leave, as he is the model tennant in the house.
- he has seen the texts from the landlord to the prospective tenant. Jack is abit confused as to why the landlord thinks the new guy can just get the keys.
- Can Jack leave and say “i have found you someone and you are being obstructive, if you took me to court you wouldn’t win as you wouldn’t lose any money given you would simply fill my room”.
- what are Jack’s chances of a court taking his side if the landlord did take him to court? I think they could issue a CCJ in his name? Jack doesn’t feel he should pay the subsequent months rent given the landlord will find someone.

I know the hmo landlord doesn’t have to be reasonable or fair, but surely this is malpractice of some kind…he’s a student, what student can pay 6 months rent in advance.

thanks,
FC on behalf of Jack

housebuyer143

They landlord isn't required to just accept anyone jack finds.. It is implied when he says "find a new tenant" that it's someone the landlord approves of. 

If the landlord isn't happy and wants 6 months upfront to accept him then that it the landlords choice. Jack will need to find an alternative tenant that the landlord is happy with before be can be released. 

_Penny_Dreadful

Jack has a contractual obligation to pay the rent for the duration of the fixed term and the landlord is under no obligation to release Jack from the contract early. Jack simply walking away and saying here, I’ve found you a replacement, is of no use to the landlord because the landlord cannot offer this new person an AST for Jack’s room until Jack’s AST has officially been brought to an end by mutual surrender. 

The person Jack found doesn’t necessarily sound suitable if the landlord has requested a guarantor and the replacement has come with a rent guarantor service instead hence why the landlord is requesting 6 months rent upfront instead. Does Jack have a guarantor because it’s not just Jack the landlord could come after. If the landlord can demonstrate Jack owes the money for the remaining 7 months, which would be easy, a court isn’t going to side with Jack because he thinks things are unfair. 

The landlord is just that, the landlord of the tenants no their mother. 5 people living in the property means it’s a licensable HMO in England and therefore there must be fire safety measures in place including smoke alarms. In fact, since 1st October 2015 landlords in England, not just those with HMO, must install at least one smoke alarm on each storey of the rental property where there is a room used as living accommodation. How are the smoke alarms not constantly going off with 4 people smoking in the property? 

My advice would be for Jack to get advice from his university’s support service rather than his dad’s mate down the pub. 

anselld

It is not illegal to smoke in your own home, though it probably is in the communal areas of an HMO.   Normal smoke detectors are not triggered by cigarette smoke otherwise there would be chaos in many student (and other) properties.
It is seven months to go, five if you discount summer months.  Surely the best advice would be to endure the remainder of the tenancy and focus efforts on finding better housing options for next year rather than replacements for the remainder of this year.

_Penny_Dreadful

anselld said:

It is not illegal to smoke in your own home, though it probably is in the communal areas of an HMO.   Normal smoke detectors are not triggered by cigarette smoke otherwise there would be chaos in many student (and other) properties.
It is seven months to go, five if you discount summer months.  Surely the best advice would be to endure the remainder of the tenancy and focus efforts on finding better housing options for next year rather than replacements for the remainder of this year.

My friend managed to have his whole halls of residence at Edinburgh University evacuated due to coming home and absent mindedly sparking up a cigarette after returning from the pub.  The fire brigade were called out and everything.  He was mortified. I also thought that was why people put condoms over the smoke alarms in hotel rooms....or so I've heard as a non-smoker it's not something I would ever need to try.

f.castle

@housebuyer143 the students are all international students using the same guarantor service.

@_@_Penny_Dreadful I believe the new tennant is another student who meets the requirements of the landlord. I think they are worried that the person isn’t as behaved as Jack.

No, Jack did not have a guarantor. Didn’t use his parents due to personal circumstances, paid 6 months upfront from savings and student loan.

Not all are smoking, it’s just one other person probably covering the detector.

Yes we did think he should speak to the uni.

_Penny_Dreadful

f.castle said:

@housebuyer143 the students are all international students using the same guarantor service.

@_@_Penny_Dreadful I believe the new tennant is another student who meets the requirements of the landlord. I think they are worried that the person isn’t as behaved as Jack.

No, Jack did not have a guarantor. Didn’t use his parents due to personal circumstances, paid 6 months upfront from savings and student loan.

Not all are smoking, it’s just one other person probably covering the detector.

Yes we did think he should speak to the uni.

Clearly this other student doesn't meet the landlord's requirements and the landlord is asking the same of the new student that he did of Jack.

TripleH

I suspect the landlord is protecting themselves from the 'new tenant' turning round and leaving after 6 weeks and he has the hassle of a void room for half a year.

The landlord is running a business and could quite reasonably hold the contract to its conclusion, they sound like they are prepared to work to resolve the issue but not at their expense.

dimbo61

Nearly all student tenancies  are 12 months 
July to June each year.
Why did Jack end up in a HMO with foreign students?
Is the replacement student a foreign student ?
Landlord has offered to help Jack by offering to cancel his contract IF he can find a replacement  tenant that is suitable to the LL.
With mains wired interlinked smoke alarms required in every HMO along with emergency lighting, turn lock exit doors and fire doors the fact that someone HAS to smoke inside is putting everyon lives at risk.
Smoking  is an addiction and  smokers don't care about others.
The room/property will stink of smoke for everyone. 

DE_612183

Student grants are normally paid in 3 lump sums, so perhaps the landlord can be persuaded to take 3 months and 3 months rather than the 6?

propertyrental

f.castle said:

@....

@_@_Penny_Dreadful I believe the new tennant is another student who meets the requirements of the landlord. I think they are worried that the person isn’t as behaved as Jack.

....

You may think the new tenant ('tennant'? Are you really a student?) meets the requirements of the landlord, but what matters is whether the landlord thinks the new tenant meets his requirements.