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landlord taking me to court over rent Watch

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    Hi everyone

    So my biggest nightmare happened I was in a university last year but received a decision by my department which said I was no allowed to carry on any fuhrer on my degree and had to leave the university and hence town. However despite explaining the circumstances to he company ( landlord ) which is club easy by the way they own one thousand student properties in the town so they are massive and I would have assumed over the years would have always faced the odd student who was not allowed to carry on the degree and had withdraw.

    Obviously after the university decision I advertised the room for a replacement but could not find anyone, as some of you might be aware, there is only a small window when students are looking for properties.

    So last week I received a letter from court asking me for the full amount £2900 and I'm a student in a different town and will be for another 3 years so needles to say just like any other student can barely manage to stay a float and have absolutely no spare money whatsoever by the end of every term.

    Do you know of any other student who faced a similar problem and what happened to them?
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    Ouch ! Landlords are like Satan's children at times.

    Well in my first year of university I was unhappy with a house I lived in, the people were unhygienic, generally unfriendly and quite intimidating to be honest. Anyway I contacted the landlord "Steven" and he said I am not allowed move and scared the hell out of me with this legal stuff.

    However after reading the contract it stated I can give 4 week notice of termination, anyway call the evil landlord up and told him, he should read his contract. But he still denied it... So I asked to meet him to discuss it, he sent his daughter a law student... So I got my godfather a solicitor.

    He told her that he would take her father to court for trying intimidate me (As they were sending abusive emails, and text messages) , she sh*t her self and started saying that I can hand in my notice, that her father doesn't care and so on.

    So yeah I finally left, I didn't pay the four weeks notice as I had spent over 4 weeks trying to persuade him to let me leave.

    So yeah if there is a notice of termination, your legally allowed to leave. If not your screwed bro.
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    You really are screwed like the above poster has said.

    Unless you were able to give notice and did you have to pay.

    It should clearly state in your contract whether you are liable to pay if you leave or whether your deposit covers it.

    We've had people leave before their contracts up before and my boss just keeps the deposit. However, with it being £2900 I can see him taking you to court.

    I'd try speaking to him and see if you can sort out paying him a bit a month via direct debit rather than the full near 3 grand.

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    (Original post by superman25)
    Hi everyone

    So my biggest nightmare happened I was in a university last year but received a decision by my department which said I was no allowed to carry on any fuhrer on my degree and had to leave the university and hence town. However despite explaining the circumstances to he company ( landlord ) which is club easy by the way they own one thousand student properties in the town so they are massive and I would have assumed over the years would have always faced the odd student who was not allowed to carry on the degree and had withdraw.

    Obviously after the university decision I advertised the room for a replacement but could not find anyone, as some of you might be aware, there is only a small window when students are looking for properties.

    So last week I received a letter from court asking me for the full amount £2900 and I'm a student in a different town and will be for another 3 years so needles to say just like any other student can barely manage to stay a float and have absolutely no spare money whatsoever by the end of every term.

    Do you know of any other student who faced a similar problem and what happened to them?
    Unfortunately what happened to you was not the landlord's fault, they let you a property on a fixed term and you were unable to complete this.

    They are now out of pocket, as even yourself said, you were unable to find a replacement.

    It may seem harsh, but they do have a legal right to their money, unless there are some clauses which would let you terminate part the way through the contract.

    You say you received a letter from the court? So you received a county court summons prior to this? Or is this the first time you have heard from the court? If you received a summons and didn't attend court, it would seem the court has issued judgement against you in your absence.
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    You should really have read over your contract and determined the proper procedure to follow. Otherwise you may well be in breach of contract for not paying up, and there's no escaping the consequences of that.
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    It's their money, you have no right to withhold it just because you're not using the property. You shouldn't have dropped out of the course (assuming that's what happened).

    I had to go on placement in the 2nd semesters of my 2nd and 3rd years, and each time had to find a replacement, or else pay the rest of the rent. It's not something you choose to honour or not.


    edit: If you don't reply and set up some sort of arrangement, you'll be taken to court and could incur several hundred pounds in costs when you lose
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    I would try to immediately sort some kind of out-of-court deal with the landlord. Pay back the money in small installments with interest if you have to.
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    Id settle with him before they take out a judgement on you, or has that already happened?
    either way youre financially ****ed here unless you know of any loop hole in your agreement you can use?
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    (Original post by superman25)
    Hi everyone

    So my biggest nightmare happened I was in a university last year but received a decision by my department which said I was no allowed to carry on any fuhrer on my degree and had to leave the university and hence town. However despite explaining the circumstances to he company ( landlord ) which is club easy by the way they own one thousand student properties in the town so they are massive and I would have assumed over the years would have always faced the odd student who was not allowed to carry on the degree and had withdraw.

    Obviously after the university decision I advertised the room for a replacement but could not find anyone, as some of you might be aware, there is only a small window when students are looking for properties.

    So last week I received a letter from court asking me for the full amount £2900 and I'm a student in a different town and will be for another 3 years so needles to say just like any other student can barely manage to stay a float and have absolutely no spare money whatsoever by the end of every term.

    Do you know of any other student who faced a similar problem and what happened to them?
    You signeed a legally binding contract when you took out the tenancy.
    Why should the landlord suffer a loss because you got chucked out?
    Your only course of action is to try to negotiate a payment deal. You will not get out of the debt.
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    (Original post by Aries1992)
    You really are screwed like the above poster has said.

    Unless you were able to give notice and did you have to pay.

    It should clearly state in your contract whether you are liable to pay if you leave or whether your deposit covers it.

    We've had people leave before their contracts up before and my boss just keeps the deposit. However, with it being £2900 I can see him taking you to court.

    I'd try speaking to him and see if you can sort out paying him a bit a month via direct debit rather than the full near 3 grand.

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    Your boss would now be breaking the law. He shouldn't be holdng the deposit.
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    (Original post by superman25)
    Hi everyone

    So my biggest nightmare happened I was in a university last year but received a decision by my department which said I was no allowed to carry on any fuhrer on my degree and had to leave the university and hence town. However despite explaining the circumstances to he company ( landlord ) which is club easy by the way they own one thousand student properties in the town so they are massive and I would have assumed over the years would have always faced the odd student who was not allowed to carry on the degree and had withdraw.

    Obviously after the university decision I advertised the room for a replacement but could not find anyone, as some of you might be aware, there is only a small window when students are looking for properties.

    So last week I received a letter from court asking me for the full amount £2900 and I'm a student in a different town and will be for another 3 years so needles to say just like any other student can barely manage to stay a float and have absolutely no spare money whatsoever by the end of every term.

    Do you know of any other student who faced a similar problem and what happened to them?
    Can you afford to pay it? As in- do you actually have the means?

    As has been pointed out, you signed the contract and so they have you pretty nailed on legally.

    The best way to get out of this is to just pay the money even if it leaves you very short or you have to borrow it from friends/family.

    To my mind there are three other options- I will list them in order of desirability:

    1) contact the landlord and explain you would be unable to pay even if there was a judgment against you.

    Explain that you accept your contractual obligations and have every intention of fulfilling them in the manner you are able to.

    Emphasise you have very little income and no real assets. In short- state that going to court is a waste of time.

    Offer to pay monthly instalments. If they insist on interest ensure that it is reasonable (ie. under 3%).

    2. Go to court and show the judge you do not have the means to pay. The judge will likely install a payment plan of some kind, and that plan will generally be fair.

    However, the judge is also able to order repossession of assets so if you have any you are risking the bailiffs taking your computer/TV/games console and selling them for a knock down price.

    Finally, it is possible (but unlikely) that you could face bankruptcy over this. That really would be awful for someone of your age.

    3. Just ignore it. DO NOT DO THIS.


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    (Original post by balotelli12)
    Your boss would now be breaking the law. He shouldn't be holdng the deposit.
    If there are outstanding payments due to him from the tenants which are equal to or greater than the deposit amount then he has every right to keep that money until (if) payment is eventually paid. Deposits should only ever be returned once all financial matters have been cleared between the two parties.

    OP: You're going to have to pay it. Don't go to court, or your costs will be more. Tell him you'll pay a monthly amount and will continue until you've finished paying. Make it clear that this is the only way that you will be able to afford it. If he's a landlord of a student house, or a student housing company, then this is his living, it's how he makes his profit. He can't just "write off" almost £3,000.
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    Tell him that you don't have the means to pay it, so you'll do some low monthly payments.

    If he insists on getting all of it now, tell him you can declare yourself bankrupt and he'll get nothing (Assuming you are just an average student, with no property or cash savings)
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    There is some good advice on this thread. The most important thing is to not ignore this - it won't go away.

    I went through a similar issue (though that was due to an ex housemate defaulting, and the rest of us being held responsible for his share of the rent). I went to the court hearing - the only of 4 of us who actually showed up - and agreed a payment plan. The good thing about this is that you will have a court order supporting your payment plan, so your former landlord won't be allowed to demand more in future. You will also be under legal pressure to pay as agreed, however, with *serious* issues if you default on the payment plan.

    If this is the first court hearing in this case that you have been asked to attend, take along with you every bit of evidence you can find about your contract, communication with the landlord and your reasons for leaving the accommodation. I would strongly suggest taking legal advice - your student union might be able to help, or the Citizen's Advice Bureau - and if you know anyone with experience of courts ask them to be there with you for support.

    Also, don't panic too much. You will find this will affect your credit rating, possibly for a few years, but that can be fixed (six years after my own problems, I now have excellent credit scores again!). The most important thing is to take control of the situation again and stop it from getting any worse.

    I really hope things turn out ok for you.
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    Should of read the contract then. Pay up freely or be forced to be the court of law.


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    This is why the way to find a house is word of mouth and going to a small-time landlord rather than one with 1000 houses for whom caring about his tenants is not going to impact his bottom line.
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    (Original post by balotelli12)
    Your boss would now be breaking the law. He shouldn't be holdng the deposit.
    No. Until a tenant pays for damages/remaining rent on his contract the deposit is not returned.

    It's in our contract what deposit deductions can be made. The main one being if a tenant breaks the contract.


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    OP, I would read your contract very carefully. But unless you have a notice period to leave the property or can prove the contract is not legal due to a loophole somewhere then you will have to pay. As a business they will not just 'waive' costs.

    This happened to someone who was in one of my student houses and who dropped out, they got a letter saying they could A) Pay or B) Challenge it in a county court. They chose B) and lost. So they then had to pay court costs, the full amount, and had to travel up to the county court local to the landlord. They had about a month in which to pay. They then didn't pay so the landlord sent the bailiffs in and got his money this way.

    It is best to pay up before being taken to court as you don't want a County Court judgement as this can have all sorts of financial implications and stays in place for 5 years, and if you go down the court route then you will likely be forced to pay more alongside having to present your 'case' to a judge.
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    Its a difficult situation, I have sympathy. Not sure why people are being so snarky.

    Do check the contract, if they are student housing providers might be something in there about what happens if you get kicked off the course.

    The landlord does have to "mitigate his loss", which means he has to try and find someone else to take the property as soon as possible. If he can't then you are liable. If you genuinely can't pay then you can offer the landlord monthly payments, or else ask the court to set monthly payments. A forum like Consumer Action Group (google it) is probably more useful than TSR for this.
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    Thank you for all the replies guys every single one of them and especially to jacketpotatoe

    Right in reply to balotelli12 I do not wish to get out of debt, I was asking for advice on here. As for getting out of debt, well during my negotiations with the credit controller at the company I told him on the phone that I can only spare a direct debit of £30 per calendar month and happy to set that direct debit whilst I'm at university then in 3 years time when I'm done and at a proper job graduate full time job I can make bigger more meaningful payments to quickly clear he debit. But he simply laughed and said no that's not enough I want you to pay me right now over the phone £500 then in may £1000 then over the summer another £1000 etc which I simply cannot do cannot physically come up with that money I'm just the typical student who just about make it from start till end of every term when I get my new instalment of maintenance loan from the student loans company.

    Secondly, to Architectur-er I have not dropped out of the course, I simply was given the decision to WITHDRAW from scheme so I did not choose to drop out. Which I subsequently appealed against and the university missed up the appeal process whereby the appeal was passed around and I was given the run around. Which is why the case is currently with the OIA the office of the independent Adjudicator to look into my claim I really do hope I win my case as I have been told I have solid case due to the university's handling of the process throughout the summer. But I assume I will find out in four months or so.

    Finally in reply to one of you guys who asked regarding which stage am I at at the moment, well this is the first time I received an official letter its has the words 'claim form' on top and stamped by Northampton county court and it asked me to go to the website www.moneyclaim.gov.uk and basically given 4 options to accept the claim full, partially, contest it or counter claim. Then in the reply pack there a form that asks about my income and expenditure I assume that's for the judge to decide how much I can pay per month etc.

    My best option it seems I will write to the agency again and explain to them that my offer of repayment that I offered previously is still the best I can afford at the moment and that if they carry on through the court route then all that will happen is I ll be declared bankrupt and the company will receive nothing perhaps my clothes if they send the bail lifts,

    Thank you everyone for your advice, greatly appreciated.
 
 
 
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