Withdrawing from tenancy: lost deposit?

I decided today to withdraw my firm choice from university. However I had already paid the 500 pounds tenancy deposit for my student halls (London).

I read the terms, and I only get a refund on my deposit if I don't meet my university entry requirements or if the university cancels the course. I have made a big mistake!!

Should I reinstate my university application and fail my current course to not meet the entry criteria? I am planning on studying for one year on another course near to me instead.

Hi there,

Is this private or university accommodation?

I'd speak to your Students' Union for more advice urgently as they'll still be able to help. Also your university will have a legal advisor on the situation.

RF

It's a private student lets company which provides halls of residence for students studying in London.

The guy was rude on the phone telling me that I should have read the clause that states I can only get a return on my deposit if I fail to meet the entry criteria.

Ah, I just re-read your first post and it makes sense.

If you're in College of Sixth Form, there should be some sort of legal advice that you can access. Have a chat with your tutor or student support etc to see if you can.

Going to check today.

If you were in my position who you:

a) Accept the loss (500quid) and try to find a replacement tenant

b) Try to sell/transfer my tenant to somebody else

Will they allow you to transfer your tenancy? That's such a massive deposit for halls.

We have the Find a Flatmate forum that you could try and get rid of it on here. That said, I'm sure that someone would take it quite quickly?

Should I phone them up and ask if I could transfer my contract and deposit to a new tenant if I can find one?

Yes. Can you download an app that allows you to record the conversation? Just in case, for future reference.

If you explain that you're no longer going to university, there are no longer eligible to stay in their accommodation. Be polite and remain positive throughout the call with the intention in tone to work towards a mutual outcome.

Yes, the understood I was no longer going to attend university. But they remained adamant that the contract stated I could only get a return on my deposit if I didn't meet the 'grades'.

I'm thinking if I find somebody who couldn't get into halls, I could maybe transfer my contract over to them, and maybe charge them a discounted deposit of maybe like 300 pounds to make it worthwhile?

I think you need to ascertain what the tenancy agreement stipulates.

I could have a look through it for you, if you'd like to PM me (click here to do so) - I guarantee total confidentiality if you want to do this. It could help me to understand your position.

X

Can it not be argued that you no longer meet the university entry requirements as you no longer have an offer?

Offer + Academic grades = Entry requirements.

Only if the university withdrew the application I reckon, this is a concious decision by the student

Yeah I understand that and admit this isn't a particularly strong argument, but irrespective of the grades OP achieves their will be no way they can now satisfy the entry requirements.

Depends on the clause itself, but at the very least this is an argument can be given to the accommodation providers and it is up to them to refute based on the contract signed.

Deposit

You must pay a deposit of £500 (five hundred pounds) (“the Deposit”) by way of cleared funds before entering into occupation of the Accommodation. The Deposit will be held in trust by Company A but you shall not be entitled to any interest on that Deposit. Company A will be entitled to draw on the Deposit at any time to pay sums due but unpaid by you under this Agreement or as reasonable compensation for any other non-compliance with your obligations under this Agreement. The Deposit shall be repaid in full within 28 days of the end of the Agreement or, if money is to be retained, the balance to be returned within 8 weeks (any deductions Company A makes must to be reasonable and in accordance with the guidance as published from time to time in the Resident's Handbook). Company A reserves the right to recover from you any reasonable additional sum as it thinks fit on demand.

Company A will use its best endeavours to return the Deposit that has been paid by you. If after two years of your Licence expiration date the Deposit has still not been cashed or returned to you the Deposit will be forfeit and will no longer be available to you.

You agree that if you are an existing student wishing to remain on at the Accommodation after the Initial Licence Period has expired then the Deposit from your Initial Licence Period will be transferred across to your new Initial Licence Period. Should your Deposit have been partially used to cover remedial works for repairs or for any other reason listed in this Licence then you agree to make up the difference to the full Deposit amount payable in the same manner as specified for payment of the Deposit.

Cancellation Prior to Arrival

If you are unable to take up residence a refund of the Deposit will only be made in the following circumstances:

*Failure to meet the entry criteria at your University

*If you are unable to provide a valid student visa for the duration of your chosen course

*The University has cancelled the course that you were planning to attend.

You must ensure that you inform Company A directly within two days of notification if any of the above issues come into being and provide to Company A all evidence available of such matters. Failure to inform Company A will result in you losing your Deposit and being liable for the Licence Fee, for the period that your Accommodation remains vacant.

Yeah I understand that and admit this isn't a particularly strong argument, but irrespective of the grades OP achieves their will be no way they can now satisfy the entry requirements.

Depends on the clause itself, but at the very least this is an argument can be given to the accommodation providers and it is up to them to refute based on the contract signed.

Only if the university withdrew the application I reckon, this is a concious decision by the student

Here's the extract with name of accommodation-y people redacted:

Yes this is correct. After phoning them I explained I withdrew my application and they said it was my decision to withdraw.

I might phone UWL accommodation / union? I doubt they can do a lot though.

Roving Fish, after reading the contract do you think I would have trouble releasing myself from it even if this means I loose the deposit

Yes this is correct. After phoning them I explained I withdrew my application and they said it was my decision to withdraw.

I might phone UWL accommodation / union? I doubt they can do a lot though.

Roving Fish, after reading the contract do you think I would have trouble releasing myself from it even if this means I loose the deposit

Speak to the uni first and then decide. You won't have trouble getting out of it though.

While it was your decision to withdraw, I'd advise to ring them back and state that despite withdrawing voluntarily, you will no longer meet the entry requirements as it is now impossible for you to do so.

They'll say whatever they can to make you leave the issue alone, but if you want this money back you're going to have to be firm, say the contract was not clear enough and fight your corner.

This ultimately will be unlikely to work, but you'll get nothing if you don't try.