Campus Living Villages (Sutton Bonington) UK Ltd (CLV - SB Ltd)

[Demtootief]

My nephew applied for student accommodation with CLV- SB Ltd in early 5 July 2022 and signed an electronic agreement. A deposit of £200 was paid to C|LV-SB Ltd. The Agreement provided a 7-day cooling-off period. He realised that the accommodation was not suitable and called CLV-SB Ltd to seek advice on how to cancel - however, he could not get through. His Guarantor (mother) also made several attempts (dstarting 10.07.2022) by telephone to advise of cancellation. The phone calls all went unanswered and in a few cases answerphone messages could not be left. Further follow-up phone calls and emails were sent.

He received an response from CLV - SB Ltd on 22.07.2022 acknowledging his request for canellation. In this emailed response, CLV-SB Ltd asked for an attached Form with a ink to be completed stating "as per the term you agreed to when confirming your booking, we are able to cancel your booking automatically and we need to review the reason you wish to cancel, along with any supporting evidence you are able to provide". This email also stated, "if you are unable to complete the Form within the next 7 days please contact your Village reception or email Boningtonhalls@clvuk.com otherwise your access to the onlline Form may be removed automatically after 7 days".

He was unable to access the emailed link and so tried repeatedly to make contact with theh Village reception as asked. Eventually, he had to resort to emailing and did this on 10.08.2022 to advise that he was unabloe to access the Form.

CLV -SB Ltd sent an email requesting feedback on 13.08.2022 which stated 'we'd love to hear what you think of our custer service. Please take a moment to answer one simple question by clicking either link below". This email of 13.08.2022 clearfly shows that CLV-SB Ltd did receive the cancellation email.

Despite not having ever received the key for the property nor access to the account, he and his G|uarantor are now being chased for £7,322.50 by CLV-SB Ltd. He has NEVER accessed tenancy nor received ay keys, neither was the depost returned.

Can I get some advice here pleae?

Can

[islandgirl]

Was an email sent invoking the cooling off period within 7 days?

[echat11]

You could send them a Subject Access Request, they have 30 days to respond, they should provide at least 6 years data (although your nephew's won't be 6 years). Make sure you get Proof of Postage.

Also, send a Subject Access Request to all the phone providers used to establish that your nephew / mother tried to call them. Again make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[atticus]

Does he have a copy of the agreement?

[Demtootief]

Does he have a copy of the agreement?

Yes his Mom does have a copy of the Agreement and we just found out yesterday that although he signed the Agreement in July 2022, the actual tenancy washroom 15th September 2022 to 9th September 2023. We were wondering how does these dates impact - in terms of the deposit date as opposed to the Tenancy Agreement date? Is there any significance?

[Demtootief]

You could send them a Subject Access Request, they have 30 days to respond, they should provide at least 6 years data (although your nephew's won't be 6 years). Make sure you get Proof of Postage.

Also, send a Subject Access Request to all the phone providers used to establish that your nephew / mother tried to call them. Again make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Thanks for this. We requested a SAR from the Village and I will ask my nephew and Mom to get one from their respective phone companies.

[atticus]

Does the agreement say anything about the manner in which any notices should be given?

[islandgirl]

Deposits are usually paid months in advance for students - I know I paid them in July for late Sept. Tenancy agreement was signed in Sept and deposit protected legally at that time

[Demtootief]

Does the agreement say anything about the manner in which any notices should be given?

Thanks for your response. Since the deposit was paid in July and the agreement was also cancelled in July, my question is, why are they still chasing him for £7000+ when he didn't take up the tenancy at all? The deposit was never returned as well.

[atticus]

My question goes to whether notice has been given in a manner (if any) specified in the agreement. That will assist in answering your questions.

[Demtootief]

Thanks for this. We requested a SAR from the Village, and I will ask my nephew and Mom to get one from their respective phone companies.

Yes, it did. A link was sent in an email asking him to complete it within seven days (after which the link won't be accessible anymore). He was asked to provide the reason(s) for cancelling. He completed the link as asked and within the timescale; however, they are not accepting his cancellation. I am including the cancellation policy verbatim, below

5.2. 'Cancellation

(a) ] If you wish to cancel this Agreement, the following provisions will apply:

(I) You may exercise Your right to cancel within seven (7) calendar days following Your acceptance of the Owner's offer of accommodation. You have the right to cancel the Agreement and to return the return of your Deposit (unless in the meantime You have moved into the room).

(ii) You may exercise Your right to cancel the Agreement (as set out in clause 5.2 (a)(I) by giving the Owner notice of cancellation in accordance with clause 5.9. and

(b) if you are a first year student or you are residing in the Building for the first time. You may withdraw Your acceptance of the Owner's offer to provide you with a Room and of the terms of this Agreement (in which case You will receive a refund of the Residential Fee paid by You in advance and the Deposit) if:

[atticus]

1. What does clause 5.9 say (referred to in 5.2(a)(ii))? Did the young person follow it?

2. if what? (end of 5.2(b))

[Demtootief]

Yes, it did. A link was sent in an email asking him to complete it within seven days (after which the link won't be accessible anymore). He was asked to provide the reason(s) for cancelling. He completed the link as asked and within the timescale; however, they are not accepting his cancellation. I am including the cancellation policy verbatim, below

5.2. 'Cancellation

(a) ] If you wish to cancel this Agreement, the following provisions will apply:

(I) You may exercise Your right to cancel within seven (7) calendar days following Your acceptance of the Owner's offer of accommodation. You have the right to cancel the Agreement and to return the return of your Deposit (unless in the meantime You have moved into the room).

(ii) You may exercise Your right to cancel the Agreement (as set out in clause 5.2 (a)(I) by giving the Owner notice of cancellation in accordance with clause 5.9. and

(b) if you are a first year student or you are residing in the Building for the first time. You may withdraw Your acceptance of the Owner's offer to provide you with a Room and of the terms of this Agreement (in which case You will receive a refund of the Residential Fee paid by You in advance and the Deposit) if:

Hi and thanks again.

Ihave decided to send Clause 5 in its entirety. These were all followed by my nephew as he realised within the 7-day window that he would not be comfortable at Bennington Village. As I stated before, he was getting any response from the Village and had to resort to doing everything via emails. Below is Clause 5:

5. TERMINATION

5.1. Termination Date

Your right to occupy the Room will terminate on the Termination Date.

5.2. Cancellation

(a) If You wish to cancel this Agreement, the following provisions will apply:

(i) You may exercise Your right to cancel within seven (7) calendar days following

Your acceptance of the Owner's offer of accommodation. You have the right to

cancel the Agreement and to the return of Your Deposit (unless in the meantime

You have moved into the Room);

(ii) You may exercise Your right to cancel the Agreement (as set out in clause

5.2(a)(i) by giving the Owner notice of cancellation in accordance with clause 5.9;

and

(b) If You are a first-year student or You are residing in the Building for the first

time, You may withdraw Your acceptance of the Owner's offer to provide You with

a Room and of the terms of this Agreement (in which case You will receive a refund of the Residential Fee paid by You in advance and the Deposit) if:

(i) You do not receive an unconditional offer from Your University You may

withdraw Your acceptance of the Owner's offer up to seven (7) days following the

release of A Level Results by giving the Owner notice in accordance with clause

5.9 and providing the Owner with evidence which it deems satisfactory within this

time frame; or

(ii) You require a visa to study in the UK, but Your visa application has been

rejected, You may withdraw Your acceptance of the Owner's offer to provide You

with accommodation up to seven (7) days after rejection of Your visa application,

by giving the Owner notice in accordance with clause 5.9 and providing the Owner

with evidence which it deems satisfactory within this time frame.

(c) With the exception of Your rights under clause 5.2(a) if You are an ongoing student or returning resident of the Building You may not withdraw Your

acceptance of the Owner's offer to provide you with accommodation.

5.3. Early Termination

(a) If You fail to comply with any of Your obligations under this Agreement, the

Owner or the Operator may terminate Your right to occupy the Room early by giving to You a period of not less than 28 calendar days' notice if:

(i) that failure is of a nature which cannot be corrected; or

(ii) You have not corrected that failure to the reasonable satisfaction of the

Operator within seven (7) calendar days after the Operator has given You a notice

which specifies the nature of Your failure to comply and requires You to correct Your failure to comply.

(b) The Owner or Operator may immediately terminate Your right to occupy the

Room if:

(i) You fail to become or cease to be:

a. a Student of the University stated on this contract; or

b. an Associate, or

(ii) in the reasonable opinion of the Operator, You commit or omit to do any act

which constitutes serious misconduct in the absolute opinion of Village

Management, Village Staff and Village Security and/or is inconsistent with the

standards required of residents of the Village, and/or You breach any policy

relating to conduct introduced by the Owner or the Operator (acting reasonably)

and notified to You from time to time.

(c) The Owner or the Operator reserve the right to cancel Your booking and resell

Your room if You fail to collect Your key within 14 calendar days of the Start Date.

[atticus]

Is there a clause 5.9? If so, what does it say?

[Demtootief]

Is there a clause 5.9? If so, what does it say?

thanks again for this.

Here is 5.9.:

5.9. Notices

(a) Any notice or documents which are necessary under this Agreement or any Act

of Parliament, must be in writing, addressed to the Operator or You at the

addresses set out on the first page to this Agreement (or such replacement

address for the Operator as the Operator may notify You in writing from time to time), with the exceptions of notices to be served under clause 5.2 which can be

served by email.

(b) Documents or notices served by leaving at an address as stated in clause

5.9(b) before 4:30pm, will be deemed served on that day, or the next day if served

after 4:30pm. Any documents or notices sent by recorded delivery (or its

equivalent) or by ordinary first-class post or by an international mail service to an

address as stated in clause 5.9(b), will be deemed served two working days after

the date of posting for addresses in the UK and seven working days after the date

of posting for any non-UK address. Where any notice under clause 5.2 is given by

email, it shall be deemed served at the time the email was sent.