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Please Help! A student's worried Mum.

Started by Cathy, November 26, 2012, 12:48:58 PM

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Cathy

My 18 year old daughter moved into a house with three other university students who she did not previously know this September. I was concerned about aspects of  the 12 month contract and phoned to landlord to discuss, but they never return my calls. We have no email address, but there is a landlord address on the lease..
The problem is, the landlord went round the first evening with her husband with no students' parents there and refused to leave until they had all signed this contract as it stood. The students asked her about aspects of the lease which she said did not matter as it was 'only generic off the internet anyway'. I have not signed the guarantor form, but I understand that one of the other parents has.
The students later found they had no heating and intermittent hot water and the drains kept blocking. The landlord said it was their fault (they had only been there 3 days) The students called the council and the landlord then with pressure installed a new boiler 4 weeks later. The damp is still terrible in my daughter's bedroom and she frequently has large white slugs on the floor. There is damp and mould in the other rooms.The WC constantly blocks and the landlord ignores their calls.They have no certificate for the two month's rent deposit which they all paid directly to the landlord's account . .
My daughter is desperate to move out. As she has signed a joint contract, with no break clause, do we have any legal out?  The other students seem to think they have to 'sit it out for 12 months' If my daughter leaves, presumably the other students be liable for the rent. And what about the landlord not lodging the deposit with a third party? I would be SO grateful if there is someone out there who can help. Thank you very much.

WayneT

Cathy,

Get your daughter and flat mates to log every communication they have and keep organised records of correspondence.

Any maintenance issues should be reported to the landlord and confirmed by email or letter.  If there is no response, they shoudl re write advising that since the last report of X issue, no action has been taken to rectify the issue,  If it has not been attended to within 7 days form the date of the letter the tenants will arrange 2 quotes for the work required and send this to the landlord.  if No action has taken place within X days of the quotes being sent ot the landlord, the tenants will instruct the contractor and deduct any costs from the next months rent along with a percentage of rent as compensation due to the issue being unresolved for X period (this should be a very reasonable cost).

This doesn't offer a quick fix to the tenants problems, but it does demonstrate good practice should the landlord take the tenants to court for non payment of rent.

As for the deposit.  If the tenants have not received the deposit registration certificate or prescribed information, they need to submit a small claim to the courts (HMCS website for details) - The judge has to make an award in the tenants favour for up to 3 x the deposit if it has not been registered, registered in time or the correct paperwork given to the tenants.

Good luck.