Is my landlord in breach of contract?

Hello,

I currently rent a studio with CRM-Students at their Tufnell Park residence. I've recently become aware of the fact that several en-suite rooms are now available, due to cancellations, and I'm eager to downgrade to one.

My initial intention was to book one of these rooms but they were completely booked by the time my university made it clear I wasn't getting accommodation with them.

The cancellation policy states plainly that: "you will have to pay all amounts due under your Tenancy Agreement unless a replacement Tenant is found or you enter into a new tenancy at the relevant property".

There is no mention of managerial discretion regarding whether or not I am able to downgrade. In my view, the contract states clearly that I should be released from my contract for the studio upon signing the new tenancy for an en-suite, and the manager's refusal to let me do this (because the en-suite is cheaper and therefore they would lose money) is in breach of contract.

Am I right to take this view?

Reply 1

joker12345

You can certainly try to argue it, but it' vague - it says unless you enter into a contract, not that they must let you enter one.

Reply 2

SummerAnthems

Why would it be a breach of contract? You signed up for x amount for y months for this studio flat. You can't just say you want to move to cheaper accommodation and expect to pay nothing for it.
The cancellation contract says 'unless you enter into a new tenancy at the relevant property', they're well within their rights to refuse that tenancy.

Reply 3

Reue

Original post by A1112787

Am I right to take this view?

No. The tenancy agreement is too vauge about what a relevant property might be, plus as the other reply has stated; they don't have to agree to enter into a different contract with you.

Reply 4

A1112787

I agree that the policy is vague although I do disagree with some of your points.

The 'property' part of the policy can only be interpreted to mean a handful of places. Clearly in this context, it means the property where I am currently contracted with my studio- that being Tufnell Park. So I would need to enter into a new tenancy at Tufnell Park and only Tufnell Park.

Also, the idea that the don't have to agree to contract with me for an en-suite is paradoxical. You're saying that they can refuse my request to take up a new tenancy and not be in breach of contract. But, by refusing my request they are denying my right of cancellation under the contract for the studio. If they deny my right, they are in breach of contract. It would be the same as if the contract stated they were required to pay me £100 if I requested but they refused.

It would be different if the policy read, "unless... you enter into a new tenancy at the relevant property permitting that tenancy is for a room of equal value or you are upgrading".

PS- just intending a lively debate...

Reply 5

tehforum

Original post by A1112787

I agree.

Reply 6

MatureStudent36

Original post by A1112787

Clarify what another relevant property is.

More often than not the person you are dealing with with try and scare people off by waiving a contract or a piece of legislation in order to stop doing their job.

As an example I went to a restaurant a few years back and asked to move table. The waitress couldn't be bothered moving me and claimed she couldn't due to fire regulations.

Reply 7

A1112787

Original post by arson_fire

I can`t see how they would be in breach of contract. Is there a clause that says they must allow you to take up a new tenancy when an en-suite becomes available? If not they have no obligation to allow you to change. They`re not denying you the right of cancellation - you are still able to cancel the agreement by paying all the charges or finding a replacement tenant.

Surely they're obligated to allow me to change rooms if one becomes available and I wish to. Otherwise what's the point of including that term?

It would be the same position with the replacement tenant term. It I wished to be released from my contract, and a replacement tenant was available, and the manager then said the replacement tenant wasn't valid for whatever reason (eg there were other studios empty that they would rather the tenant take up) and thus I couldn't be released, the manager is in breach of contract.

Reply 8

kpwxx

Original post by arson_fire

Why would they be? They would lose money if they did.

That clause only relates to what would happen IF you cancelled your contract but took up another one with them. It doesn`t say they HAVE to let you do it. Again, unless there is a clause that forces them to allow you to change then it`s up to them whether they offer you a new tenancy - which it appears they wont.

This exactly. They don't have to provide you another room, they only have to waive any existing fees on your current room if they DO give you another room.

I would suggest trying to find a replacement tenant for your room and then suggesting that to the landlord. Then they will have an extra room filled with no loss of income, so are likely to say yes. Or maybe you can find someone who is in ensuite who'd like to swap with you which they may allow.

xxx

Reply 9

WelshBluebird

They would probably argue the clause is there for people who want to upgrade rooms. I would imagine they would be more than happy to allow that as it would mean they get extra money. Letting you downgrade would mean they would be getting less money, so I don't see any reason why they would let you do that. And there is nothing you have said that means they HAVE to let you, just they can if they want to.