Need help re sons miss sold student accommodation....

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Need help re sons miss sold student accommodation....

    Hi, really stuck and need some help...

    my son got into uni via clearing and we hurriedly had to find him some accommodation over the phone with student approved flats, organised with the uni I must stress, not the actual LL.

    Anyway a couple of months after moving in we visited and were appalled at the state of the place. We were told on the phone the the building/room had undergone refurbishment, fitted with all new furniture and had an on-suite facilities. The building going from my house renovating experience looked like it still needed to be gutted it was awful, and the so called on suite was across a hallway, horrid suite but acceptable to use I guess. Wallpaper was coming off the wall, poor glazing meant the room felt cold, wardrobes were flush at the bottom but 6 inches off the wall at top and leaning dangerously over, the furniture was all old, a new mattress we noticed and that was about it.

    Now rightly or wrongly and unfortunately we cant turn back time, he's young, inexperienced and simply did what he thought was best at the time, my son found accommodation elsewhere, moved out and we sent the uni a letter on his behalf stating how unsatisfied he was and how we feel we were miss sold etc, also said had an effect on his health with cold. Stated that he intended to pay for the time he had stayed there and that was all.

    now they have reviewed and say they wont release him from the 12 month contract and he's liable for all the rent and perhaps should move back in. They state that he never brought anything to their attention before he left and they could have moved him etc, they have since inspected the room and find it to be okay. They are concerned about his health issues but that was things like waking up each day sore throat coughs etc. they dont mention at all in their reply about how we were miss sold/miss advertised the room and its facilities.

    I've tried to attach the letters to and from but attachment manager wont work for me..... so in a nutshell where do you think he/we stand with this?

    #2
    I'm most certainly no expert, but the only things I think you could use are that there was new furniture and an en suite promised, and not delivered. I'm not sure if that's enough to release someone from a tenancy, though. It may perhaps only be cause for the landlord to provide remedy, through discount (in the case of the en suite) or providing new furniture. When you say the en suite was across a hallway, was the hallway part of a communal space in the property, or a part that was for your son's sole use? Also the fact that they weren't given a chance to take remedial action works in their favour.

    Without wishing to offend, a parent is always going to look out for their child's best interest, but it may be worth taking a step back and taking another look at the situation, and at things like the "dangerously" leaning wardrobes, etc. Out of interest and pure nosiness, how much is your son's rent?

    Comment


      #3
      hi thanks for reply,

      the hallway is indeed a communal area, his supposed on suite was in between someone else's bedroom (with on suite as it happens) and another bathroom. I agree about they not having any chance to rectify but he's a kid still wet behind the ear so to speak and just doesn't really have any life experience, cant change that now though.

      you're saying forget the wardrobes and damp etc, I think I get where you're coming from, probably making the most out of those things but we were honestly gobsmacked when we saw the place, I was in shock at how bad it was, but having not been to uni myself guess that's what some put up with. The rent at uni was about 80 a week, same as he's now paying elsewhere.

      As a LL myself I would feel disgusted if I expected my T's to live i those conditions, I also feel like I should just tell them to see us in court, probably not the best thing but we're so annoyed.

      Comment


        #4
        Who is actually the landlord - the university or a private individual/company?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          not entirely sure myself but will find out, I know the reply letter came from the chair person of the withdrawals panel, from the uni I guess that it, and he's been dealing with the accommodation officer at he uni too. All points to certainly uni managed at least, don't know if they would lease from a LL and manage it etc.

          I'm unaware what's he signed at the new place in terms of length on contract, it may be worth asking that LL if he can be released from that contract early.

          Wonder if its worth me speaking to this chair person and saying I've taken brief advice and if they wont release him I will sue for being miss led about the accommodation in the first place, mind you this is my emotions talking here.

          Comment


            #6
            a bit more information for this one.... the deal with the uni does seem to be with the uni not a private LL. the document he signed wasn't an AST but an acceptance of student accommodation which states once signed becomes legally binding and refers to the uni t&c's, dated until end July 2013

            the new flat already had 2 ppl living there, upon my son moving in they all signed a new AST from that date until end July 2013.

            In the reply from the uni they seem to have completely missed our main gripe which was the miss selling, i.e. no new furniture, no refurbishment, no en suite. They mainly talk about the damp, heating, and defects in the room.

            Comment


              #7
              The uni accommodation will not be an AST but he is still liable until either the end of the fixed term or until the uni move a new tenant in. The only possible defence would be the promises/condition but you would need a court to agree that - so realistically the uni have to sue son first. Could you convince a judge that these promises were made? Chances of convincing a judge about condition are severly compromised by son not reporting problems to landlord. This is the relevant case law: http://www.bailii.org/ew/cases/EWCA/Civ/2006/1659.html

              Unfortunately, the same applies to his new place - only difference being that s he has a joint tenancy, it could be either his landlord or his housemates that pursue him.

              Son seems to have contracted to live (& pay rent for) two homes at the same time. He may be wet behind the ears, but he is presumably an adult & the courts won't pay much heed to his age.

              Comment


                #8
                Its an en suite not on suite for future reference.

                Were you prevented from accessing the property to carry out an inspection? How long after moving into the property did your son move out? Do you have a set of letting particulars which state the misrepresentations or any proof?
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  The only possible defence would be the promises/condition but you would need a court to agree that - so realistically the uni have to sue son first. Could you convince a judge that these promises were made? Chances of convincing a judge about condition are severly compromised by son not reporting problems to landlord.

                  Son seems to have contracted to live (& pay rent for) two homes at the same time. He may be wet behind the ears, but he is presumably an adult & the courts won't pay much heed to his age.
                  Fair point about his age..... Convincing the judge who knows, its our word against theirs I suppose.

                  Originally posted by MrJohnnyB View Post
                  Were you prevented from accessing the property to carry out an inspection? How long after moving into the property did your son move out? Do you have a set of letting particulars which state the misrepresentations or any proof?
                  As he went through clearing we didn't really have an opportunity to view it, he simply moved his stuff down and signed the document. Moved in 16th Sep, moved out 24th Nov, no details about the accommodation in writing it was all done over the phone in a hurry.

                  He'll be entitled to legal aide I guess so I'm happy for him to see a solicitor about the miss selling, though I will try myself to speak to the Uni again next week. I would like to pursue the route of asking the new LL to allow him out the contract, though he is not happy with that idea and quite prepared to let the Uni pursue him for the money, which of course for the next 3 years he wont have any.

                  Comment


                    #10
                    Originally posted by tubbs View Post

                    though he is not happy with that idea and quite prepared to let the Uni pursue him for the money, which of course for the next 3 years he wont have any.
                    You need to be aware many univesities will not allow a student to graduate if they owe money to the university

                    Comment


                      #11
                      thanks for that info dave...

                      one piece of information that is in our favour is the agreement signed with the Uni, I've just noticed this clearly states 'room with en suite'..... how does this change things as that clearly hasn't been provided? Although we still didn't give them chance to provide that wiht complaint etc but clearly weren't provided with what he signed for.

                      Comment


                        #12
                        That would form part of his defence - how much weight a judge gives that depends on how nice his coffee was that morning!

                        Comment


                          #13
                          yes of course, hopefully this may make the uni reconsider their position though.

                          Comment


                            #14
                            Originally posted by tubbs View Post
                            He'll be entitled to legal aide I guess so I'm happy for him to see a solicitor about the miss selling,
                            I wouldn't bet on it. Acess to legal aid was drastically reduced last year by CallmeDave.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Can any spies tell your son if the uni has relet the room by any chance?
                              Does your son still have the key?

                              Have you considered calling there bluff by asking to see an alternative room that actually has an ensuite and is refurbished to the standard promised? If they can't do so immediately then that must defeat their argument.
                              All posts in good faith, but do not rely on them

                              * * * * * ** * * * * * * * * * * * *

                              You can search the forums here:

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Labour taxation plans
                                by SouthernDave
                                The limited company system has been abused for too long by people trying to save on tax by claiming they are a company. I know loads of people of set themselves up as limted companies and have now been caught by IR35. They have spoiled it for those of us who have proper companies to rub who used to...
                                22-01-2022, 17:55 PM
                              • Labour taxation plans
                                by steaming
                                Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
                                20-01-2022, 16:55 PM
                              • Reply to Greetings, I Come in Peace
                                by SouthernDave
                                I thought the main issue of taking a tenant on UC is not so much the fact they are receiving benefits, but the fact that its a pain in the proverbial to evict as the council tell them to sot tight until forced out by bailiffs....
                                22-01-2022, 17:47 PM
                              • Greetings, I Come in Peace
                                by AVJ113
                                Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
                                20-01-2022, 07:24 AM
                              • Reply to Cheapskate landlord wants to end tenancy
                                by AndrewDod
                                I think you need to ask whether he/she is responsible for the things you say, and whether these warrant immediate attention as you think they do:

                                a) leaking shower - what do you mean exactly. Leak from where, when...
                                b) broken burglar alarm - what is broken? What does your contract...
                                22-01-2022, 16:59 PM
                              • Cheapskate landlord wants to end tenancy
                                by Lucylou99
                                Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report...
                                21-01-2022, 22:11 PM
                              • Reply to Occupational rent to an executor.
                                by Lawcruncher
                                It is in the nature of co-ownership that each owner owns the whole and each is therefore entitled to occupy the whole. The sister's right.therefore is not to receive rent but to occupy the property as well. If the sister does not want to share occupation but wants some benefit then, keeping things simple,...
                                22-01-2022, 16:08 PM
                              • Occupational rent to an executor.
                                by Yoda 111
                                I am currently living in my deceased mother's house which I have lived in for 46 years my sister is the executor of the Will. My mother died in February 2020 so nearly 2 years ago and now my sister want's to charge me occupational rent from the time of death up until grant of probate was granted may...
                                20-01-2022, 19:44 PM
                              • Reply to Greetings, I Come in Peace
                                by AVJ113
                                Not at all, it's all very informative, thank you. I think I might opt out of criterion 3 though, I'm not a pie and chips man myself....
                                22-01-2022, 15:20 PM
                              • Reply to Charity Opening up house next door as Temp Housing
                                by jpkeates
                                Whatever happened to innocent people co-operating with the authorities so that other people aren't abused?...
                                22-01-2022, 15:17 PM
                              Working...
                              X