Student Digs - Rejecting lease
Discussion
Hi, Hopefully someone on here can help. Sorry for the long post.
My Niece is currently in the process of moving into her first student rented house with a friend.
She was supposed to be collecting the keys in August but the landlord kept putting her off until a couple of days ago. Yesterday her Granny and Grandad helped her to start moving in. The place is a complete hole. Black and white mold all through the kitchen, the tops of the fridge and tumble dryer coated in some kind of brown sticky residue, the under stairs cupboard absolutely reeks of rot. The back door has all but rotted through, the walls are soaked through (plaster is soft).
Her Granny took some photos (unfortunately not before they had cleaned up some of the mold but still showing lots of mold and general disgusting state).
When they looked through the "welcome pack" that my niece needs to sign and send back there are photos of the house in absolute pristine condition which are obviously from when it had first been redecorated. It also states that the house was perfectly clean and had been cleaned professionally. None of which is true.
She really doesn't want to stay there any more. I can't blame her. She has paid her 250 deposit and arranged and just had fitted her broadband.
Is there anything she can do to get out of the lease? The landlords response was firstly that the place was absolutely fine and it had been cleaned, then it was I cant come over for a couple of days, i'll send a dehumidifier that you must run 24/7 (at their expense for the electricity!). He has now suggested that he has just taken on another property across the road which he will move them to while he looks at the current one. However one look through the windows of that place suggests they have exactly the same damp / mold problem.
the landlord keeps pointing them back to the agents. The agents don't want to know and wont respond.
Oh and a worrying thing is that there are polystyrene tiles in the kitchen which as I understand it are fine in your own home but not in a multiple occupancy house like this one. Am I right? Seems very dangerous to have them in the kitchen.
Would my niece be within her rights to cancel the agreement as the place is not fit for habitation?
thanks guys.
My Niece is currently in the process of moving into her first student rented house with a friend.
She was supposed to be collecting the keys in August but the landlord kept putting her off until a couple of days ago. Yesterday her Granny and Grandad helped her to start moving in. The place is a complete hole. Black and white mold all through the kitchen, the tops of the fridge and tumble dryer coated in some kind of brown sticky residue, the under stairs cupboard absolutely reeks of rot. The back door has all but rotted through, the walls are soaked through (plaster is soft).
Her Granny took some photos (unfortunately not before they had cleaned up some of the mold but still showing lots of mold and general disgusting state).
When they looked through the "welcome pack" that my niece needs to sign and send back there are photos of the house in absolute pristine condition which are obviously from when it had first been redecorated. It also states that the house was perfectly clean and had been cleaned professionally. None of which is true.
She really doesn't want to stay there any more. I can't blame her. She has paid her 250 deposit and arranged and just had fitted her broadband.
Is there anything she can do to get out of the lease? The landlords response was firstly that the place was absolutely fine and it had been cleaned, then it was I cant come over for a couple of days, i'll send a dehumidifier that you must run 24/7 (at their expense for the electricity!). He has now suggested that he has just taken on another property across the road which he will move them to while he looks at the current one. However one look through the windows of that place suggests they have exactly the same damp / mold problem.
the landlord keeps pointing them back to the agents. The agents don't want to know and wont respond.
Oh and a worrying thing is that there are polystyrene tiles in the kitchen which as I understand it are fine in your own home but not in a multiple occupancy house like this one. Am I right? Seems very dangerous to have them in the kitchen.
Would my niece be within her rights to cancel the agreement as the place is not fit for habitation?
thanks guys.
She did, but the agent made sure it was a brief viewing and assured them that it would be cleaned.
They were shown the bedrooms but the kitchen viewing was more of a "this is the kitchen" - closes door kind of thing. They were too excited about getting a place rather than doing it right. They wanted to do it themselves so didn't take an adult with them. They now know better.
They were shown the bedrooms but the kitchen viewing was more of a "this is the kitchen" - closes door kind of thing. They were too excited about getting a place rather than doing it right. They wanted to do it themselves so didn't take an adult with them. They now know better.
Tell her to find somewhere else.
Take plenty of pics and keep all communications with the agent and landlord. Ring the local council and talk to them about the rental being unfit for habitation and not meeting fire regs.
Has the deposit been placed in a scheme?
Might be worth popping into the NUS office and getting advice - they'll see plenty of this sort of thing at this time of year and will probably be able to help with finding alternative accomodation - even if its just a noticeboard for people looking to get together for renting.
Take plenty of pics and keep all communications with the agent and landlord. Ring the local council and talk to them about the rental being unfit for habitation and not meeting fire regs.
Has the deposit been placed in a scheme?
Might be worth popping into the NUS office and getting advice - they'll see plenty of this sort of thing at this time of year and will probably be able to help with finding alternative accomodation - even if its just a noticeboard for people looking to get together for renting.
Most student leases will have someone signed up as guarantor. My experience with my son's student let is that no one gives a f
k and the guarantor is on the hook for a year (me in my son's case).
If no one is guarantor walk away and forfeit the £250. It'll be the best decision she makes this year.
k and the guarantor is on the hook for a year (me in my son's case).If no one is guarantor walk away and forfeit the £250. It'll be the best decision she makes this year.
Have Rip-Off_Britain or Watchdog or similar not got hold of this one yet.
I recall moving my daughter out of a house when she was at Uni. I redecorated her room and repaired every bit of minor damage. The landlord then attempted to retain the deposit for repairs. That failed for him...still we must embrace all cultures we are told.
I recall moving my daughter out of a house when she was at Uni. I redecorated her room and repaired every bit of minor damage. The landlord then attempted to retain the deposit for repairs. That failed for him...still we must embrace all cultures we are told.
SaulGoodman said:
The University should be able to give advice. The Students Union or the Accomodation Office will have seen stuff like this lots of times and it's worth contacting them.
^^ This, even if it is not a Uni house and the SU will have a legal advisor to help her. They will also have an approved recommended landlord list.Also Environmental Health are worth contacting; ultimately they can place an enforcement notice.
Finally, if the worst comes to the worst the University will have "emergency" halls spaces that they would be able to provide for a few weeks, up to a full term. Again, the SU and accommodation office can help.
Using the right language can help, "concerns that it is not fit for habitation/ extensive mould in food prep/fire risk " rather than "some mould/damp"
Also, If you can afford to, I seriously hope you take the landlord to the cleaners over this. It's unbelievable the state that some accommodation is provided in, and because a lot of students are from abroad and don't know the processes, or just can't afford to, landlords continue to get away with it year after year.
Just playing devil's advocate here but if you have signed a fixed term contract you could be in breach of contract and your potential loss could be far greater than the £250 deposit if you simply decide to move in elsewhere. Your landlord could take you to court for breach of contract and you could be made to pay for the whole tenancy term (dependent on what's actually in your contract).
If the landlord is not accepting responsibility it could be because the property is being managed by the agent. If this is the case I would see which redress scheme they are part of like The Property Ombudsmen. You could write to the agent advising if they don't respond that you will contact the redress scheme. If a breach is found they could be struck off which could prevent them from continuing as an estate agency as it is a legal requirement for agents to be a member. Make sure lots of photos are taken and document the condition. Put all communication in writing.
Where abouts is the property btw? For example any property by the coast is likely to suffer from damp/condensation if it isn't well ventilated and students are not necessarily regarded as the best for ensuring a property is well looked after, clean and aired out.
If the landlord is not accepting responsibility it could be because the property is being managed by the agent. If this is the case I would see which redress scheme they are part of like The Property Ombudsmen. You could write to the agent advising if they don't respond that you will contact the redress scheme. If a breach is found they could be struck off which could prevent them from continuing as an estate agency as it is a legal requirement for agents to be a member. Make sure lots of photos are taken and document the condition. Put all communication in writing.
Where abouts is the property btw? For example any property by the coast is likely to suffer from damp/condensation if it isn't well ventilated and students are not necessarily regarded as the best for ensuring a property is well looked after, clean and aired out.
Edited by Bumblebee7 on Friday 14th September 11:38
I had a similar situation at university, the house roof started leaking slowly and caused damp down one side of the house - Post us moving in. The letting agent and land lord tried to blame us (me in particular as I sailed, stating that it must be me drying wetsuits inside).
We called the Liverpool Council environmental health team my ex stupidly called the letting agent to inform them - they sent round a cleaning team asap but the council officer was still having non of it and issued an improvement notice. and they got the roof fixed.
I dont know where you stand rejecting the lease but the local council usually run a team for environmental health, if they rate it as un fit for habituation I am guessing this would breach the lease.
We called the Liverpool Council environmental health team my ex stupidly called the letting agent to inform them - they sent round a cleaning team asap but the council officer was still having non of it and issued an improvement notice. and they got the roof fixed.
I dont know where you stand rejecting the lease but the local council usually run a team for environmental health, if they rate it as un fit for habituation I am guessing this would breach the lease.
Bumblebee7 said:
Just playing devil's advocate here but if you have signed a fixed term contract you could be in breach of contract and your potential loss could be far greater than the £250 deposit if you simply decide to move in elsewhere. Your landlord could take you to court for breach of contract and you could be made to pay for the whole tenancy term (dependent on what's actually in your contract).
If the landlord is not accepting responsibility it could be because the property is being managed by the agent. If this is the case I would see if they are part of a governing body like ARLA. You could write to the agent advising if they don't respond that you will contact the professional body. If a breach is found they could be struck off which could prevent them from continuing as an estate agency. Make sure lots of photos are taken and document the condition. Put all communication in writing.
Where abouts is the property btw? For example any property by the coast is likely to suffer from damp/condensation if it isn't well ventilated and students are not necessarily regarded as the best for ensuring a property is well looked after, clean and aired out.
this happened to 2 lads i know that moved into my old student house...it had a growing rat problem and got a lot worse over the summer after I left.If the landlord is not accepting responsibility it could be because the property is being managed by the agent. If this is the case I would see if they are part of a governing body like ARLA. You could write to the agent advising if they don't respond that you will contact the professional body. If a breach is found they could be struck off which could prevent them from continuing as an estate agency. Make sure lots of photos are taken and document the condition. Put all communication in writing.
Where abouts is the property btw? For example any property by the coast is likely to suffer from damp/condensation if it isn't well ventilated and students are not necessarily regarded as the best for ensuring a property is well looked after, clean and aired out.
They skipped out after a few weeks there at the start of the first term. The landlord (who was a real piece of work), took them to court and they ended up paying a lot of money.
Sad really.
Lots of bad and wrong advice on here.
- Niece should have taken more care when viewing the property. She clearly liked it enough after the viewing to proceed. Regrets about condition now are her problem.
- If a tenancy agreement has been signed then she is legally liable for the rent for the fixed-term duration of the tenancy. If she has yet to sign then leaving now is the best option, although if she has taken up the tenancy (which she clearly has as she has moved in) it could be claimed that she has accepted the tenancy agreement.
- If there is a guarantor then they are (probably) as liable for the rent as niece.
- She should have a detailed move-in inventory done. If the agent isn't arranging one then she could do worse than find a local inventory company and pay for one herself.
- Detailed photos taken at move-in are more persuasive than some advertising glossy photos left in a 'welcome pack', which count for nothing.
- Deposits need to be protected within 30 days of receipt or start of tenancy. Not having a deposit in a scheme if she has only just moved in is not a problem.
- The recourse is with whomever niece signed the tenancy agreement with. Does she rent from the agency or a landlord?
- Non-membership of ARLA doesn't prevent anyone from being a letting agent.
- Niece should have taken more care when viewing the property. She clearly liked it enough after the viewing to proceed. Regrets about condition now are her problem.
- If a tenancy agreement has been signed then she is legally liable for the rent for the fixed-term duration of the tenancy. If she has yet to sign then leaving now is the best option, although if she has taken up the tenancy (which she clearly has as she has moved in) it could be claimed that she has accepted the tenancy agreement.
- If there is a guarantor then they are (probably) as liable for the rent as niece.
- She should have a detailed move-in inventory done. If the agent isn't arranging one then she could do worse than find a local inventory company and pay for one herself.
- Detailed photos taken at move-in are more persuasive than some advertising glossy photos left in a 'welcome pack', which count for nothing.
- Deposits need to be protected within 30 days of receipt or start of tenancy. Not having a deposit in a scheme if she has only just moved in is not a problem.
- The recourse is with whomever niece signed the tenancy agreement with. Does she rent from the agency or a landlord?
- Non-membership of ARLA doesn't prevent anyone from being a letting agent.
Thanks for all the suggestions folks.
Update. we have been onto the NUS, The head of the union actually works for the Agents. (interestingly). He's been out to the property and basically condemned it as unlivable. He is absolutely disgusted. He's also stated that the other house is also unacceptable. He is dealing with it to get them out of the contract and is getting them rehoused by tonight.
As an aside the landlord sent in a cleaner today. She refused to touch anything and has told him it's unlivable in as well. So it's all working out. Don't think the landlord will be having a good day today.
thank you for all the replies. PH once again delivers.
Update. we have been onto the NUS, The head of the union actually works for the Agents. (interestingly). He's been out to the property and basically condemned it as unlivable. He is absolutely disgusted. He's also stated that the other house is also unacceptable. He is dealing with it to get them out of the contract and is getting them rehoused by tonight.
As an aside the landlord sent in a cleaner today. She refused to touch anything and has told him it's unlivable in as well. So it's all working out. Don't think the landlord will be having a good day today.
thank you for all the replies. PH once again delivers.
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