Student Letting Agent/Landlord Small Claims Court

[boro]

Hi hoping somebody out there can help! Basically I am dealing with my sons Student Letting Agent, lots of issues with the Student Let during the tenancy, too many to mention but anyway to keep it short the Letting Agent has gone to the Small Claims Court for recovery of the last months rent of the tenancy which was withheld as Letting Agent refused to discuss any of the tenants concerns regarding breach of the tenancy agreement, Landlord contacted but not interested, just want their money.

The Small Claims Paperwork has arrived, but only to myself and my son stating that I as guarantor owe the full months rent for all 3 tenants plus charges! However there are 2 other other tenants on the Tenancy agreement plus their guarantors, who as of this date have not received any court documentation....

The Letting Agent did not abide by pre action protocol, just sending the odd email to the tenants and copying in the guarantors, making threats, nothing in writing via Royal Mail.

Surely all three tenants and their guarantors should have received a court claim each with the amount of rent the Letting Agent is claiming as they all pay seperately? as all named on the Tenancy Agreement.

Thankyou

[Cinderella66]

Was the tenancy agreement a joint tenancy of the whole property? Assuming it was, you are joint and severally liable. This means the ll can sue a single individual for the whole amount. It may be that if the guarantor agreement was not signed as a deed it may not be enforceable against you as a guarantor.

Regarding what is owing, what were the issues regarding the condition of the property? Without being able to quantify the issues it's impossible to advise further.

[boro]

Thankyou for your response, this is a student letting, in mid March the landlord of the property allowed two tradesmen in to redecorate and remedy 'serious' maintenance issues!! By chance one of the tenants returned home to find the property in disarray and all three tenants personal belongings in boxes, furniture moved, items chucked on beds. The letting agent states that the three tenants 'had all confirmed' that they gave permission for this to happen which of course they did not. The letting agent ignored the tenants request for confirmation of how the permission was given ie was it by text/phone/email?

The tenants contacted the landlord via letter with their concerns, as tenancy agreement states 24 hours notice should be given and granted to enter property (unless emergency which is was not just general decorating) and of course there right to quiet enjoyment? no response.

This is a student let AST, each tenant has a room and pays each month for that room.

The tenants emailed the letting agent hoping to come to a compromise with the rent due to above events but the letting agent said no they have to pay full rent and if not legal action would commence, would not discuss at all.

So day after final rent payment was due from each tenant, an email was sent from letting agent to all tenants stating you have a week to pay, if not they would WRITE to each of the tenants guarantors to request payment. Not following pre action protocol the letting agent has failed to send any letters requesting payment from guarantors.

The final rent payment was due on the 1st June, On the 17th June I received small claims court documents requesting that the letting agent is recovering the full amount of rent due £1200 plus costs, each tenant paid £400 rent each, as of today the other two tenants and their guarantors have not received any small claims documents, it appears that I have been landed with the whole lot! I understand as a guarantor for my son that I would be liable to pay his rent but not the other tenants, or at least defend why he has not paid.

Thanks

[Cinderella66]

The events you describe although annoying and mildly distressing, and a breach of quiet enjoyment on the low end of the scale, is probably worth a maximum of half a weeks rent and that would be generous. Particularly as the landlord probably presumed the property was empty due to lockdown. In my opinion it doesn't justify the witholding of the rent. My advice would be to try to negotiate settlement with the landlord direct rather than the agent. Offering what you feel you should. Incidentally if it proceeded to court this would be on the small claim track so the only costs that can be recovered are the issuing fee plus maximum of £95 or less depending on the amount claimed. Ref CPR 45.

You can of course counter claim with what you believe the breach of quiet enjoyment is worth.

I assume the deposit was in a scheme and prescribed information given within 28 days, that a how to rent booklet was given before the commencement of the tenancy, along with a gas safety certificate and epc?

[boro]

Hi, no how to rent booklet, gas safety certificate or epc until requests made and inspections made by the appropriate parties, deposit was held in a protection scheme (no issues there as due to full decorating and all tenants personal belongings placed in boxes by tradesmen this could not be challenged).

I was determined to persevere especially as landlord was not willing to comment, and the appalling service from the letting agent, I complied with the small claims court process and was prepared to see this through.

Sent off my defence and low and behold received an email from the letting agency offering a 2 week reduction of the final months rent and a feeble apology, this has been a life lesson but was not going to be bullied/threatened/harassed by these cowboys! Thankyou for an excellent site.

[Brockman18]

I can understand that your student life is quite a hell and your son's life sounds the same, but you do not need to worry about the legal claims rents. You can easily file a case against them in court and get a legal notice as well, I am not a lawyer yet, but I am writing a dissertation and found this useful resource https://writix.co.uk/write-my-dissertation-for-me and maybe you can contact these guys. They can assist with the paper paperwork on concerns regarding a breach of the tenancy agreement.

[Cinderella66]

Hi, no how to rent booklet, gas safety certificate or epc until requests made and inspections made by the appropriate parties, deposit was held in a protection scheme (no issues there as due to full decorating and all tenants personal belongings placed in boxes by tradesmen this could not be challenged).

I was determined to persevere especially as landlord was not willing to comment, and the appalling service from the letting agent, I complied with the small claims court process and was prepared to see this through.

Sent off my defence and low and behold received an email from the letting agency offering a 2 week reduction of the final months rent and a feeble apology, this has been a life lesson but was not going to be bullied/threatened/harassed by these cowboys! Thankyou for an excellent site.

A good result!