This discussion is now closed.
Check out other Related discussions
- The branches of law
- 5 careers for law graduates
- I regret agreeing to live my 2nd year housemates
- Who is better amber student or best student
- What does it mean when a uni guarantees accommodation?
- Private hall or uni halls?
- Private Accommodation help
- is bills included or excluded better for second year uni house?
- Student halls or Private accommodation?
- I cant find accommodation/ halls HELP
- St Peter’s court Nottingham 2024
- MMU accommodation private vs normal
- Pros and cons of private accommodation (Sheffield)
- Bristol Postgraduate International - Accommodation
- Not given a new accommodation by UCL
- Private Vs Uni Halls
- Where do PhD students live in Cambridge?
- Private accommodation help
- Can i leave my things at uni accomodations during summer?
- Non-guaranteed accom at uni of Bristol - first year
Accommodation dispute... (private)
Ok not sure if this is the right place but let me explain the situation
I have a "contract" (which is worthless, since I signed page 3 of the contract, the other two pages don't have any of my handwriting on them, but feh never mind) to have a room from 30th June -> 30th June (I signed it, then mistakes were rectified after I signed it and then it was posted back to me... but hey lets not get into that either).
Right so basically the Landlord is the Step Father of my "housemate"
Basically, yesterday I got a nice letter attached to my door saying I'd been making too much noise and that if it persisted, I'll be evicted with three days notice to move all my possessions and get out (oh how nice - this note was NOT FROM THE LANDLORD I must add, but from the housemate who has a Step Father.. who happens to be the landlord).
Now the second I got that letter, I just packed a few bits, went to a friends house and refused to stay there (I returned today, but only to get a few more bits and bobs), but I think I might as well leave and live up on Campus (I've got a room reserved for me from April 3rd->June 10th).
Now I'm wanting to know if I break my contract, the contract I signed gives no actual basis for ending the contract early (and given the other problems with the contract...). As far as I see though I have two choices, one is to leave before the month ends (which is possible) and just stop the standing order and no longer pay rent OR the other option is the same as before, just leave a CD player and my speakers and put full blast the stereo and get evicted and just throw the key at her door and never see her again.
Note - talking to them is out of the question, as it's one of those things which will just lead to massive iterative arguments.
Oh yeah added on to that, it's cold, they won't allow me to put the heating on, but hey that's another story.
I'm sure if they ever found this post, they'd say "well you don't follow the rota, you don't buy cleaning materials/toilet paper, you use the internet connection, you haven't paid deposit, you make noise during the night oh and you don't recycle anything".
(P.s. any notation of "check your contract" is futile, it gives no, repeat NO, guidance or rules of anything towards circumstances regarding ending the contract early, moving out... it doesn't even say anything about house rules, of which apparently I'm in breach off...).
So any advice welcome.. I'm going to see Student Advice Centre but need to wait an extra day to go to their drop by sessions.. (long).
(Oh yes and I'll be in contact with the landlord soon, but I don't have his details, it's been a shambles since day 1)
I have a "contract" (which is worthless, since I signed page 3 of the contract, the other two pages don't have any of my handwriting on them, but feh never mind) to have a room from 30th June -> 30th June (I signed it, then mistakes were rectified after I signed it and then it was posted back to me... but hey lets not get into that either).
Right so basically the Landlord is the Step Father of my "housemate"
Basically, yesterday I got a nice letter attached to my door saying I'd been making too much noise and that if it persisted, I'll be evicted with three days notice to move all my possessions and get out (oh how nice - this note was NOT FROM THE LANDLORD I must add, but from the housemate who has a Step Father.. who happens to be the landlord).
Now the second I got that letter, I just packed a few bits, went to a friends house and refused to stay there (I returned today, but only to get a few more bits and bobs), but I think I might as well leave and live up on Campus (I've got a room reserved for me from April 3rd->June 10th).
Now I'm wanting to know if I break my contract, the contract I signed gives no actual basis for ending the contract early (and given the other problems with the contract...). As far as I see though I have two choices, one is to leave before the month ends (which is possible) and just stop the standing order and no longer pay rent OR the other option is the same as before, just leave a CD player and my speakers and put full blast the stereo and get evicted and just throw the key at her door and never see her again.
Note - talking to them is out of the question, as it's one of those things which will just lead to massive iterative arguments.
Oh yeah added on to that, it's cold, they won't allow me to put the heating on, but hey that's another story.
I'm sure if they ever found this post, they'd say "well you don't follow the rota, you don't buy cleaning materials/toilet paper, you use the internet connection, you haven't paid deposit, you make noise during the night oh and you don't recycle anything".
(P.s. any notation of "check your contract" is futile, it gives no, repeat NO, guidance or rules of anything towards circumstances regarding ending the contract early, moving out... it doesn't even say anything about house rules, of which apparently I'm in breach off...).
So any advice welcome.. I'm going to see Student Advice Centre but need to wait an extra day to go to their drop by sessions.. (long).
(Oh yes and I'll be in contact with the landlord soon, but I don't have his details, it's been a shambles since day 1)
If you refuse to pay the reminder of your contract, you will most likely get into big trouble for breach of contract. You say only parts of the contract are signed, but I am sure the landlord got you to sign the important bits because it is in his interest. So I suspect you have very little choice in the matter.
If no provision is given in the contract as you say for early vacation then it's a given that the contract is for the year you signed it for - no quibbling. What do you mean you only signed one page? I've only signed one page of any accommodation contract I've had...the page where it says "Signature" irrespective of whether the contract is 1 or 100 pages long so I'm not sure what you're getting at 
Is the landlord really as unreasonable as his step-kid? Presumably if the kid wants you out if you volunteered to leave the stepdad might just agree but I "think" legally you'd be better off if he evicted you rather than you taking off and refusing to pay any more rent (presumably he'd come after you in the courts for the remaining rent).
Is the landlord really as unreasonable as his step-kid? Presumably if the kid wants you out if you volunteered to leave the stepdad might just agree but I "think" legally you'd be better off if he evicted you rather than you taking off and refusing to pay any more rent (presumably he'd come after you in the courts for the remaining rent).
nikk
If you refuse to pay the reminder of your contract, you will most likely get into big trouble for breach of contract. You say only parts of the contract are signed, but I am sure the landlord got you to sign the important bits because it is in his interest. So I suspect you have very little choice in the matter.
That's it.
Tarts_n_Vicars
If no provision is given in the contract as you say for early vacation then it's a given that the contract is for the year you signed it for - no quibbling. What do you mean you only signed one page? I've only signed one page of any accommodation contract I've had...the page where it says "Signature" irrespective of whether the contract is 1 or 100 pages long so I'm not sure what you're getting at
Is the landlord really as unreasonable as his step-kid? Presumably if the kid wants you out if you volunteered to leave the stepdad might just agree but I "think" legally you'd be better off if he evicted you rather than you taking off and refusing to pay any more rent (presumably he'd come after you in the courts for the remaining rent).
Is the landlord really as unreasonable as his step-kid? Presumably if the kid wants you out if you volunteered to leave the stepdad might just agree but I "think" legally you'd be better off if he evicted you rather than you taking off and refusing to pay any more rent (presumably he'd come after you in the courts for the remaining rent).
Landlord is my next step of action, legally I think the eviction idea is probably better (as you said) but I'm off to get advice from student advice centre...
your housemates sound horrible! do you have somewhere else to live if they evict you? if i were you i'd piss them off with your music...
If you don't pay your rent, whatever the circumstances, when two months arrears accumulate then the landlord can legally pursue you for it - so I would most certainly advise against just leaving - its not in the landlord's interest to terminate your contract as he won't get any money so that's not a route you are likely to be able to take. You signed the contract, and this - legally - is taken to be your affirmation that you have read and understood all terms, (even if you haven't!) and I'm afraid that is that.
It must be a horrible situation and I sympathise - but your Advice centre will be able to help you best here. Ours were brilliant when we had a dispute with our landlords. Good luck.
It must be a horrible situation and I sympathise - but your Advice centre will be able to help you best here. Ours were brilliant when we had a dispute with our landlords. Good luck.
Ok I've spoken to Student Advice and theyre trying to discuss various ways out of the contract, they recon there is a reasonable case... but then they need to discuss before giving a more affirmative responce...
Currently I've suspended the Standing Order and discussing various options with my landlord (who says he knew nothing of the letter my housemate sent me).
He's agreeing with me in the sense that if I want to move out, fine, but he wants the entire rent and then spouts some clause in my contract, which, doesn't exist.
So all in all I'm in limbo just wondering when I'll be out of here and how best to get out of here, I'm thinking of offering the landlord a settlement figure of one months rent, I'll leave April the 2nd, end of story, nothing more nothing less.
But still awaiting the responce to him discussing with his step daughter the situation and then student advice centre.
I'm still annoyed that I get home, and it's STILL FREEZING COLD and theres ANOTHER NOTE over the boiler saying DO NOT TURN ON cause theyre not MADE OF MONEY
(Sometimes, I feel a suicidial rampage is the answer)
Currently I've suspended the Standing Order and discussing various options with my landlord (who says he knew nothing of the letter my housemate sent me).
He's agreeing with me in the sense that if I want to move out, fine, but he wants the entire rent and then spouts some clause in my contract, which, doesn't exist.
So all in all I'm in limbo just wondering when I'll be out of here and how best to get out of here, I'm thinking of offering the landlord a settlement figure of one months rent, I'll leave April the 2nd, end of story, nothing more nothing less.
But still awaiting the responce to him discussing with his step daughter the situation and then student advice centre.
I'm still annoyed that I get home, and it's STILL FREEZING COLD and theres ANOTHER NOTE over the boiler saying DO NOT TURN ON cause theyre not MADE OF MONEY
(Sometimes, I feel a suicidial rampage is the answer)
Kendra
Currently I've suspended the Standing Order and discussing various options with my landlord (who says he knew nothing of the letter my housemate sent me).
He's agreeing with me in the sense that if I want to move out, fine, but he wants the entire rent and then spouts some clause in my contract, which, doesn't exist.
So all in all I'm in limbo just wondering when I'll be out of here and how best to get out of here, I'm thinking of offering the landlord a settlement figure of one months rent, I'll leave April the 2nd, end of story, nothing more nothing less.
He's agreeing with me in the sense that if I want to move out, fine, but he wants the entire rent and then spouts some clause in my contract, which, doesn't exist.
So all in all I'm in limbo just wondering when I'll be out of here and how best to get out of here, I'm thinking of offering the landlord a settlement figure of one months rent, I'll leave April the 2nd, end of story, nothing more nothing less.
There are loads of implied clauses under Landlord and Tenant law unfortunately. Generally, you've signed it (you DONT have to initial / sign every page for a contract to be valid, even if another agency have asked you to do so in the past) and so you are liable to pay the full rent until the end of your tenancy.
I wouldn't advise just stopping paying it and moving out, etc., because it will only cost the landlord 80 pounds to initiate a small claims action against you, and as you've signed the contract, the Court will take one look and make a judgement against you. Then you will also have to pay the landlord an extra 80 pounds (reimbursement of his Court fee) for losing.
But thats on the face of it.
I would advise ignoring the stepdaughter, and communicating solely with the landlord.
Show how her behaviour is completely unreasonable, in fact that letter probably constitutes harrassment, also keeping the property at a temperature that is unsuitable to live in might be another point in your favour.
Tell the landlord you would like to leave immediately due to HIS stepdaughters behaviour, and if even eventualy agrees, ask for a written declaration that he is allowing you to leave without fulfiling the contract. (otherwise he might just change his mind a few months down the line and chase you for the cash)
Alternatively, try and find someone to take over your room and sublet it. There may be clauses against this in your contract, or specify that you have to pay a certain amount in order for a sublet to be allowed, but again, speak to your landlord and he may allow it in the circumstances.
Put advertisements on the internet and around uni - there are often people in halls DESPERATE to move out after living there since September.
If all else fails, try and get evicted I suppose!!!!!!!!!!! (but check again because you still may be liable for full rent
)Landlord - tenant law is VILE, I feel so sorry for you, good luck with sorting it out.
I go to Court in April as my landlord wont refund our deposits on the basis of lies made up by him!
If you're that miserable, it may be worth admitting defeat, paying the rent and moving out anyway - move in temporarily with friends, or go into the place you have reserved and borrow money to pay two lots of rent. Its a rubbish conclusion, you shouldnt have to do this, but if its going to make you a bit happier and less stressed, it might be worth it.
xx
Maybe I'm mistaken but do you do all those things? (noise, rota, internet?) If so I'm not surprised they are sick of you and want you to go. Where I am, it's not difficult to break a contract and move out. You can find someone else for your room, and get the deposit from them or you can leave at the beginning of the month and leave your flatmates a month to find someone else (that month should be covered by the deposit). Now, did you actually pay a deposit? I can't imagine how you were able to live somewhere without it.
ellewoods
There are loads of implied clauses under Landlord and Tenant law unfortunately. Generally, you've signed it (you DONT have to initial / sign every page for a contract to be valid, even if another agency have asked you to do so in the past) and so you are liable to pay the full rent until the end of your tenancy.
I wouldn't advise just stopping paying it and moving out, etc., because it will only cost the landlord 80 pounds to initiate a small claims action against you, and as you've signed the contract, the Court will take one look and make a judgement against you. Then you will also have to pay the landlord an extra 80 pounds (reimbursement of his Court fee) for losing.
But thats on the face of it.
I would advise ignoring the stepdaughter, and communicating solely with the landlord.
Show how her behaviour is completely unreasonable, in fact that letter probably constitutes harrassment, also keeping the property at a temperature that is unsuitable to live in might be another point in your favour.
Tell the landlord you would like to leave immediately due to HIS stepdaughters behaviour, and if even eventualy agrees, ask for a written declaration that he is allowing you to leave without fulfiling the contract. (otherwise he might just change his mind a few months down the line and chase you for the cash)
xx
I wouldn't advise just stopping paying it and moving out, etc., because it will only cost the landlord 80 pounds to initiate a small claims action against you, and as you've signed the contract, the Court will take one look and make a judgement against you. Then you will also have to pay the landlord an extra 80 pounds (reimbursement of his Court fee) for losing.
But thats on the face of it.
I would advise ignoring the stepdaughter, and communicating solely with the landlord.
Show how her behaviour is completely unreasonable, in fact that letter probably constitutes harrassment, also keeping the property at a temperature that is unsuitable to live in might be another point in your favour.
Tell the landlord you would like to leave immediately due to HIS stepdaughters behaviour, and if even eventualy agrees, ask for a written declaration that he is allowing you to leave without fulfiling the contract. (otherwise he might just change his mind a few months down the line and chase you for the cash)
xx
Thanks, he said on the phone that he'll allow myself to be released early from the contract, I asked for it in writing to be sent to here before the end of the month, if all goes well I shall not be paying the remaining three months and out of here free. I've unsuspended the standing order and just awaiting the documentation, then it'll be fully cancelled.
Hopefully this can all go smoothly, I'll be in new accommodation by third of April (I won't live there properly until end of April) but hopefully it's something positive.
Working with the landlord is so much easier, I just hope I don't have to see his step daughter ever again (harsh).
IzzyWizzy
Maybe I'm mistaken but do you do all those things? (noise, rota, internet?) If so I'm not surprised they are sick of you and want you to go. Where I am, it's not difficult to break a contract and move out. You can find someone else for your room, and get the deposit from them or you can leave at the beginning of the month and leave your flatmates a month to find someone else (that month should be covered by the deposit). Now, did you actually pay a deposit? I can't imagine how you were able to live somewhere without it.
The rota, I claimed it was unfair from day one (since it was divided unequally) and would have prefered a flexible rota which didn't involve me cleaning someone else's bedroom up.
Noise, I'd admit it for two nights (one was 7am+ though). I doubt it is considered "the middle of the night" blah blah blah, they told me I was inconsiderate. I laughed and asked why do they play music full blast when I'm asleep huh, got told "doesnt matter you shouldn't be asleep then".
So really, it's just a conflict of personalities, lifestyles, whatever.
But as I said above, hopefully we're out of there rent free, but we'll see what the letter says..
As a point of technicality, Landlord and Tenant law has specific provisions where the "landlord" is a member of family of one of the tenants. Certain normal provisions don't apply.
Also, a fixed term lease of 12 months can still be left early so long as you give the required written notice. For a fixed term 12 month lease I do believe that is 6 months.
For all tenancy disputes go to your local Citizens Advice Bureau as they are skilled inadvising tenants of their rights.
Also, a fixed term lease of 12 months can still be left early so long as you give the required written notice. For a fixed term 12 month lease I do believe that is 6 months.
For all tenancy disputes go to your local Citizens Advice Bureau as they are skilled inadvising tenants of their rights.
In regard to giving your landlord notice I understand that you can give him 28days and leave but read the terms of your contract to see if after you leave you will still be responsible to pay a full years rent. A cleaning rota is between the tenants and not the landlord unless stipulate in the terms of your tenancy.
For the landlord to evict you he will have to go to court and pay solicitors fees and you will not need to leave until the date on the Warrant of Eviction. This will cost him time and money and can take months to happen. If he tries to evict you without going to court and then it is illegal and you could sue him for this.
I would suggest that you keep any correspondence between the landlord and the other tenants so that you can show to the Courts that it was unreasonable for you to remain. I would also keep a diary of these events as well. At court they can dismiss any claim by the landlord for unpaid rent etc if you can prove that the property was unreasonable for you to remain there. I would also write to the landlord, send it recorded delivery, stating that you feel intimidated by this tenant and that you feel their behaviour is harassment and that you would like the landlord to deal with the tenant (especially as it's step-child) otherwise you will seek legal advice.
In relation to the heating if they won't let you put this on then it can be viewed as harassment as well. At the end of the day as long as your not taking the p*ss and leaving it 24/7 and you are paying your share of the bills then it is unreasonable for them to tell you not to put it on.
This is just my understanding of it. Hope it helps.
For the landlord to evict you he will have to go to court and pay solicitors fees and you will not need to leave until the date on the Warrant of Eviction. This will cost him time and money and can take months to happen. If he tries to evict you without going to court and then it is illegal and you could sue him for this.
I would suggest that you keep any correspondence between the landlord and the other tenants so that you can show to the Courts that it was unreasonable for you to remain. I would also keep a diary of these events as well. At court they can dismiss any claim by the landlord for unpaid rent etc if you can prove that the property was unreasonable for you to remain there. I would also write to the landlord, send it recorded delivery, stating that you feel intimidated by this tenant and that you feel their behaviour is harassment and that you would like the landlord to deal with the tenant (especially as it's step-child) otherwise you will seek legal advice.
In relation to the heating if they won't let you put this on then it can be viewed as harassment as well. At the end of the day as long as your not taking the p*ss and leaving it 24/7 and you are paying your share of the bills then it is unreasonable for them to tell you not to put it on.
This is just my understanding of it. Hope it helps.
kikila
In regard to giving your landlord notice I understand that you can give him 28days and leave but read the terms of your contract to see if after you leave you will still be responsible to pay a full years rent.
Not correct.
kikila
If he tries to evict you without going to court and then it is illegal and you could sue him for this.
Also not correct.
This is, however, a great demonstration of why you dhouldn't seek legal advice on an internet forum. Go to your citizens advice bureau
kikila
I did mention that it was just my understanding of the situation. Guess you missed that..
No, I got that. My previous post was aimed at the thread starter. My point was simply that those 2 parts were incorrect so were she to rely on them she would be in sticky ground.
In all such matter as this, it is always best to seek the advice of a qualified solicitor
Related discussions
- The branches of law
- 5 careers for law graduates
- I regret agreeing to live my 2nd year housemates
- Who is better amber student or best student
- What does it mean when a uni guarantees accommodation?
- Private hall or uni halls?
- Private Accommodation help
- is bills included or excluded better for second year uni house?
- Student halls or Private accommodation?
- I cant find accommodation/ halls HELP
- St Peter’s court Nottingham 2024
- MMU accommodation private vs normal
- Pros and cons of private accommodation (Sheffield)
- Bristol Postgraduate International - Accommodation
- Not given a new accommodation by UCL
- Private Vs Uni Halls
- Where do PhD students live in Cambridge?
- Private accommodation help
- Can i leave my things at uni accomodations during summer?
- Non-guaranteed accom at uni of Bristol - first year
Latest
Trending
Last reply 1 week ago
How mutch does a course/university affect employability? InLast reply 3 weeks ago
University Tuition Fees to rise in England for the first time in 8 yearsLast reply 3 weeks ago
Achieved top grades (3 A*) at school, but not sure uni is right for meLast reply 3 weeks ago
Do you think holistic assessments should return to the GCSE Curriculum? Why/why not?Last reply 4 weeks ago
Why is the tuition fee for international students at University of Hull so cheap?Last reply 3 months ago
Russell Group universities are actually very good. We should stop dismissing them.
