First Student home problems

tes2312

Hi, in a few weeks me and my girlfriend are going to move into our student accommodation for our second year at uni, last year we where in halls but this year have decided to share a private flat (4 rooms bed living bath and kitching ).

Everything was mostly sorted until we rang our landlord today to ask a few questions. He informs us that the current tenant cant or wont (not sure which) leave for the first three weeks of our tenancy because she cant get home (she's an international student). he gave us a couple of options but we can only go on of them due to a few complicating factors. that is to have a smaller flat (3 rooms bed living/kitching and bath) for those three weeks at half rent (and maybe free gas/electric to but the call quality was bad so im not sure on that). We asked if she could move into the smaller flat but apparently her parents are coming over and then need the extra space.

Now i dont want to have to cause complications for other people but at the same time i don't want to have to fix the untold amount of problems that's going to arise when trying to get phone and broadband providers to move my address when ive only been with them for a few weeks (ive had enough trouble with it when ive been with one for a long time) plus having to move all of our stuff a second time.

I would mainly like to know my rights on this matter. i have a signed tendency agreement that states that me and my girlfriend are entitled to the flat from July 1st. and if i have the right to make her take the smaller flat so as we can have the flat that we have been promised. and if i don't then any advice on the having to move in then change house thing
Thanks in advance
TES2312

lilysgarden

I would say that it's the other tenants problem if she doesn't move out on time. Personally I would point this out to the landlord and that as your tenancy starts on that date, thats the date you will be moving in. If the other tenant has to get a hotel or something, thats their problem to sort as they knew well in advance when the tenancy was ending etc. She should have made alternative arrangements a long time ago. Also, why can she not get home or sort new accommodation, but can arrange for her family to visit?! But then I'm a bolshy cow when it comes to this type of stuff.

Is it let through an agency? Go to them and complain about it and point out it's not your problem to sort and you will be moving in on that date. The agency should sort something to get the tenant out and you should not be losing out because of the tenants laziness. Otherwise, I'd contact Citizens Advice and make sure they know it needs to be sorted urgently so that you have somewhere to live. They should be able to give you the exact advice about how best to deal with this!

Good luck!

duchy

Some landlords never cease to amaze me !!
I bet if you were the one who couldn't move in for three weeks he'd be saying you still had to pay the rent for it.....and citing the agreement you signed.
I suggest you ask the landlord to put his "solution" in writing to you and talk to CAB but as he's varying the agreement protect yourself by having his offer in writing in case he later claims to have said something different !

bestpud

Are these relatives the same ones she would be going home to, if she could? :rolleyes:

Incisor

tes2312 wrote: »

I would mainly like to know my rights on this matter. i have a signed tendency agreement that states that me and my girlfriend are entitled to the flat from July 1st. and if i have the right to make her take the smaller flat so as we can have the flat that we have been promised. and if i don't then any advice on the having to move in then change house thing

If you have a signed tenancy agreement, signed by both sides, then undeniably you have rights to the property. The problem is then that the sitting tenant may also have a tenancy agreement covering the same period.

You may have a duty to mitigate your loss, but I would imagine that you would be well within your rights to refuse the alternative flat - however, if you could source alternative accommodation, the LL may have to bear your extra costs. Make sure you get the LL's position recorded in writing ASAP, preferably from him, but otherwise from yourselves to him, giving the opportunity for him to clarify. You may need this as evidence if it all oges pear shaped. Assuming the agreement is signed both ways, or you have a receipt for the deposit etc.

tes2312

Thanks for the advice
I should have mentioned that I'm currently at home which is about 150miles from uni so i don't think i can get anything in writing quickly enough to have this sorted for July 1st (the move in date). Were planning on calling him tomorrow, firstly to get his position on this (him letting her stay VS her refusing to leave) if its that he's letting her stay I'm going to try and get him to get her to move to the smaller flat and if its the other way round then I have no idea because I'm sure trying to get someone forcibly evicted from a flat is a long and arduous process.

So I'm hoping for the former, and that she will move

oh and we do have a tenancy agreement, and paid a deposit on the place when we signed, unfortunately since we thought there wouldn't be any problems with this (foolish i know) its at uni with our other stuff in storage

Oldernotwiser

Whilst I'm sure that you're in the right, is it really that much of a problem for you to move to your proper flat after 3 weeks? You sound as if the savings on rent will cover the costs of moving (I'm assuming the flats are in the same town and are unfurnished) and do you really need to bother about phones and broadband for 3 weeks? Your landlord sounds like a thoughtful man (although at the present you're on the losing side of his thoughtfulness) and presumably, when you become his settled tenants, he'll have the same sort of approach to you. It just seems a pity to alienate a good landlord for such a minor inconvenience. Rights are all very well but goodwill is priceless.

Gingernutmeg

I agree with Oldernotwiser. Yes, it's a big inconvenience for you but to me it sounds like your landlord is being very reasonable - I'm currently on the receiving end of some 'not-very-nice' landlord treatment and I'd kill for a landlord who made such an effort to mitigate my losses and inconvenience. Remember that this isn't his fault - if a tenant decides not to leave on time there's little a landlord can do to 'get them out' quickly. I think that if you agree to what's offered, even though it's not really as convenient for you, it'll put you on the right side of your landlord and it'll improve your relationship immeasurably. Yes, it is a bit of a pain, but you can manage without the net for three weeks - there's no guarantee that it'd be sorted that quickly if you move into a new place anyway ... we had to wait nearly four months for phone and internet in the last place we moved into. Also, if you antagonise the current tenant then potentially it sounds like you could be out of 'your' flat for a lot longer than three weeks ... she doesn't really sound like the most sensible or reasonable of people and I think in this situation it really is down to you to be the reasonable ones here, however annoying it is.

I'd accept the solution that's offered, explain the situation to uni and see if you can leave the majority of your stuff in storage for a few more weeks and just take the minimum with you into the new place. Three weeks really isn't that long and I honestly do believe that you'll benefit so much if you're reasonable with your landlord now. I wouldn't turn my nose up at three weeks with half rent and free gas/electric either!

Blacksheep1979

Try to get the guys email address and email him, at least then you have something in some 'hard' copy type style - say that it's a bad line etc and you need to discuss with the others, can he email you all the details.

Best bet may be to barter for some discount and just move in at the end of July - I guess your course doesn't start till end of Sept?

melancholly

i'd also agree with blacksheep - make it a full calender month for ease (less faffing with rent payments), to also give the landlord time to make sure everything is cleaned properly. if the current tennant is staying beyond her tenancy, then they may not be the most likely to fulfil their other obligations of leaving the house in a reasonable state too! moving in the day after they leave could be more trouble than it's worth.

tes2312

Not to sound rude but all but most of those things ive already stated i cant do. firstly we have to move in on July 1st, it the only day where we can move all our stuff to the new house, our stuff is in storage at a private uni accommodation so it HAS to be removed by there kick out date (already tried to get it extended and met with a clear no), also we have to purchase the internet and phone on the day we move in because the house is a one year only lease and 90% of them are 12 month contracts. and i realise it sounds a little silly but we need internet for the three weeks, firstly because with out it there is really nothing to do in said city and secondly i require it for part of my course / work. anyway im going to call him on Monday now, forgot it was Sunday and fathers day, im just going to primarily get his position on the whole thing, im not going to do the whole state my rights at him hoping that he will magically fix everything.