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students property contract

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  • students property contract

    My youngest is in a student house share and an issue has arisen, over some months, that has led to them feeling unsafe in the house and they wish to terminate their contract.

    The issue that has led to this involves one of the students (I shall call him X so you know when I refer to him) becoming mentally unwell, inviting homeless people in to the house, drug use by those people, smashing up his room, leaving the front door open, threats to kill, threating personal harm to himself, entering rooms without permission, noise disturbance, even the neighbours would call the police to him on an increasingly regular basis - especially when he would smash his room up.

    His behaviour had become a cause for concern and they have called the uni mental health team, police, local authority mental health team numerous times and they've told the agents and landlord all of this as its been happening. The agents and landlord were very slow to act, they begged the landlord to get him evicted but he said he was still paying rent so it was difficult to find grounds to evict him, even with all his shenanagins with letting others in the property.

    This has had an effect on the other students whereby they felt unsafe in their rooms (they have no locks on the doors), they felt anxious about leaving their rooms when they go to lectures - wondering who will be in the property when they get back, plus of course this has affected their studies.

    They have all felt that they could no longer feel safe in the house and they left the house and came/went to their rexpective homes leaving X in the house, as he had nowhere to go and in his eyes, cant see he's done anything wrong or what effect he's having on the others.

    They wish to try and terminate this contract (contracted until 31st August 24) so they can stop paying rent and contribute towards bills - so what can they do to achieve this?
    Tags: None

  • #2
    I mean I don't think they have any power at all to terminate X's contract, I do sympathise however the university should be offering support to your daughter and to X who appears very unwell. Whilst I have sympathies for both parties legally binding contracts don't have much sympathy unfortunately. Rather than trying to get him out I would explore the other tenants trying to rescind the contract based on it no longer being safe, getting evidence that health and safety are being breached. I would be going to the university student support to see what they can do. They will try to ping pong you but stand your ground. Aside from that, I would be encouraging your daughter and the others to try to get support for X so that any burden can be taken off of them, mental health services are generally very poor which is why I am pointing in the direction of the university as they have a duty towards students, all students especially those that are struggling mentally.

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    • #3
      Such a difficult situation but agents and LLs are typically very unsympathetic. They will not find another let until the new academic year and will not want to lose the income (however bad the situation for the tenants). I agree that the uni should be helping. In my experience young people are reluctant to make a fuss and politely demand help and do take NO for an answer. Perhaps time for parents to be contacting the uni on behalf of the tenants - also contacting the agent. One thing is for sure unless a huge fuss is made no one will do anything, sadly.

      Comment


      • #4
        atticus may be able to assist with this.

        Are all the students joint tenants on the same tenancy agreement? Or do they each contract separately and independently with the landlord?

        ​​​
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Originally posted by Lola49 View Post
          I mean I don't think they have any power at all to terminate X's contract, I do sympathise however the university should be offering support to your daughter and to X who appears very unwell. Whilst I have sympathies for both parties legally binding contracts don't have much sympathy unfortunately. Rather than trying to get him out I would explore the other tenants trying to rescind the contract based on it no longer being safe, getting evidence that health and safety are being breached. I would be going to the university student support to see what they can do. They will try to ping pong you but stand your ground. Aside from that, I would be encouraging your daughter and the others to try to get support for X so that any burden can be taken off of them, mental health services are generally very poor which is why I am pointing in the direction of the university as they have a duty towards students, all students especially those that are struggling mentally.
          Thanks for your response. They have explored the options with the uni many times but it appears that unless X wants to be helped and or accept help then all they can do is be there for X when he wants. The Uni has also kicked him off his course because he was turning up at 2 or 3am demanding to be let in to study. The others (all boys by the way) dont want him out they just dont want to live with him any more. This has been going on for a year and they have reached the end of their tether and just want to get out of the contract. They have found somewhere else to rent from the start of 24/25.

          Comment


          • #6
            Originally posted by islandgirl View Post
            Such a difficult situation but agents and LLs are typically very unsympathetic. They will not find another let until the new academic year and will not want to lose the income (however bad the situation for the tenants). I agree that the uni should be helping. In my experience young people are reluctant to make a fuss and politely demand help and do take NO for an answer. Perhaps time for parents to be contacting the uni on behalf of the tenants - also contacting the agent. One thing is for sure unless a huge fuss is made no one will do anything, sadly.
            Thanks, as parents we have all been on to the landlord and the agents to ask what they were going to do about the safety of the kids, X's behaviour insode the property and of course we got batted from pillar to post too. The last stand by the guys was to just leave en-masse, which is where we are now.

            Comment


            • #7
              Originally posted by PallasAthena View Post
              atticus may be able to assist with this.

              Are all the students joint tenants on the same tenancy agreement? Or do they each contract separately and independently with the landlord?

              ​​​
              All one contract

              Comment


              • #8
                Originally posted by CharlieChops View Post

                Thanks, as parents we have all been on to the landlord and the agents to ask what they were going to do about the safety of the kids, X's behaviour insode the property and of course we got batted from pillar to post too. The last stand by the guys was to just leave en-masse, which is where we are now.
                You can try contacting the uni. LL and agent will not care. I have every sympathy - just had to help student daughter through a DPS process to get a deposit back from last summer without ridiculous deductions. We won in the end after adjudication but it was a battle! Problem is if they all leave they remain legally liable for the rent....

                Comment


                • #9
                  Just seen this - I have been away for a few days.

                  I am sorry, I can add nothing. Everyone else leaving was clearly the right thing to do. Unfortunately that will not help with the landlord, who will be wanting his money. Have you and the other parents given guarantees?

                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    UPDATE: landlord went to court to get the problem tenant evicted, the rest have had the contract terminated with end of tenancy clean taken from their deposits, super result.

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                    • #11
                      Excellent news thank you so much for coming back to tell us!

                      Comment


                      • #12
                        gersderk is a spammer. reported EXC ULA
                        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                        Comment

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