Urgent advice please re student housing

[Humdinger1]

My daughter is in the second year of a degree in the UK. Due to health reasons (which may have been caused or exacerbated by mould in the student house) she is taking a break for the rest of this academic year and restarting her second year again in Sep 2024. She has an appointment on 16th Jan with a hospital consultant which give some insight.

The contract makes no mention of early termination, or joint/several liability. In December 2023, the council came round to inspect the property as this had not happened in person previously: it was first registered in the pandemic. My daughter is chasing the written report, but the council officer did say while he was there to the letting agent (Your Move) that there was too much furniture in her bedroom, and that the heat would not be able to circulate; the letting agent said that nothing could be done now re the furniture before Sep 2024. The letting agent is blaming the students for the property condition: dehumidifiers are in use and apparently some work has been done over the holiday but it is not quite clear what.. Due to the demands of the course, the students are out from 7.30 to 5pm; only a certain amount of electricity is included in the rent so the dehumidifiers cannot run all day and night; and neither can the heating; and leaving windows open all day will increase the damp and make the problem worse. All of this was suggested as solutions by the letting agents.

My daughter explained to the council that the landlord listed at Companies House was a company, with directors named but none of the students had the landlords' contact details. No request had been made at that point for these.

The deposit is in a scheme (Mydeposit) but when the address is entered, the ref number is only available from the letting agent.

My daughter wants to do the right thing, as do we - can someone please clarify:

As rent has been paid for the first term, is this by default a termly contract so the rent for this term needs to be paid? What about next term?
Is the position re landlord details and deposit protection absolutely on the straight; in a grey area; or outright dodgy?

While we chase the council report and wait for a diagnosis, what is the best negotiation stance to take?
Is there any other angle that could help?

Thanks very much for your advice.

Humdinger

[islandgirl]

As someone chasing an unpaid return of a deposit with a student daughter I am very sympathetic! Key is - what did your daughter sign? 12 month AST? If so you are liable to pay for the full year. Did you pay a deposit and was it protected? You have to create your own account as a tenant with whatever scheme it is in.

[Humdinger1]

Thanks Islandgirl! It's an assured shorthold tenancy from 1st July 23 to 30th June 24. Interesting what you say re deposit protection, as that is ;t what is seems to say on the website where it's held, which could be another dodgy area that could help in the negotiation? Rent payable on 1st of month, but contract also states that 3 months rent (Jan to Mar) due in Jan 24, and another 3 month's rent (Apr-Jun) due in April 24. Does the fact that there is no early termination clause play in our favour because (as I recall) if there is any uncertainty created by a contract, the interpretation will come down in favour of the consumer? Or is all this a question of what can be negotiated, given what has happened so far? Really appreciate your comments and any others.

[islandgirl]

The contract is for the full time period stated. You are liable to pay until the end of the year. The LL/agency can take you to court for the money if you do not pay. It is common to have no contact with the landlord but to have to deal through the agency only. You have a legal right to the Landlord's details but have to make a formal notification to the agent in writing. Looks like the deposit is legit - your daughter's My Deposits account should show the money as held by them. Sorry all this is bad news. In my view you can only hope to gain something by negotiation but student agents and landlords are, in my experience, hugely inflexible. If you can prove the condition of the house had something to do with the illness that is a bargaining chip. You may be able to get someone to take over the room and pay the rest of the year perhaps?

[Humdinger1]

Thanks Islandgirl - bad news, but pretty much as expected. It is down as you say to negotiation. Will see if anyone else could take the room over. and thanks for your help.