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Legal matters

Students -unpaid rent

16 replies

lurkerspeaks · 21/05/2015 01:22

I was an accidental landlord. My tenants moved out 3 weeks ago Nd I have just realised (not sure why the letting agency didn't notice it, grrr)
That they haven't paid their final months rent.

They are due to graduate soon.

I was wondering if anyone had used a university code of conduct to leverage payment in this situation? I think potentially preventing them from graduating would be a bigger stick than small claims...

The deposit (btw) doesn't cover rent and the cleaning /damages that were left behind..

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worridmum · 21/05/2015 01:29

sadly that no longer the case their was a law/ rule brought in recently (2010 i think but please dont qoute me ) that basically tells UK universities they can no longer stop people graduating for nearly all reasons (aka unpaid libary fines / not paying rent / basically anything not acdemic malpractice / been kicked out of university so phyically not completed it)

Your only recourse is take it out of the depoist and small claims agaisnt them and or their garntor (sorry about spelling dyslexic and no spell checker on my ipad)

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ReallyTired · 21/05/2015 01:52

Why is non payment of rent a problem for the university? The rental agreement is between the tenant and the landlord.

I am surprised you did not insist on a guarantor for each of the students. Most landlords take a deposit of one and half months rent to cover such an eventuality. I assume you have protected the students deposit in one of the reconciled schemes. I'm afraid the only recourse you have is the small claim court if the deposit is not enough.

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lurkerspeaks · 21/05/2015 02:13

University code of conduct

Students must not steal
Students must not bring university into disrepute

They are PhD students so have income to pay rent..concern is once PhDs finish will go abroad for post doc.

Going via uni code of conduct will embarrass them which isn't ideal when you need your supervisor to write your reference.

I think small claims will not work as they are intending to move abroad.

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RedRugNoniMouldiesEtc · 21/05/2015 02:28

Don't you have a guarantor for them? If not address that with the agent going forward as it's pretty standard practice with student let. Wrt the missing month what do the agents say? They are the ones who have failed and I'd be chasing them more than the university. You can write to the uni who may apply some pressure but there is little they can actually do - which is why you have guarantors.

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ReallyTired · 21/05/2015 02:42

The small claim court is the body to decide whether the students owe money or not. Non payment of rent is a civil matter rather than a criminal matter. There is often two sides to any dispute and that is why we have the court system.

Lurkers, think that you would find that the PhD supervisor won't want to get involved. Seriously a count court judgement will be more damaging. An unpaid county court judgement lasts five years and can affect employment and credit rating.

I think you have to put it down to experience. Next have a guarantor and a larger deposit.

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lurkerspeaks · 21/05/2015 07:44

This is mostly agent fuck up.

But in terms of getting my money I'm going to try using the university route to add extra pressure.

I work in a heavily regulated industry and psychologically I think messing with their future livelihood will be more effective than small claims action when they know they are leaving the uk.

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Collaborate · 21/05/2015 07:56

Don't see how it can be an agent problem. They didn't have the house covered by cctv after all.

I echo what PPs have said. Get judgment at court and then enforce that. You serve them by post at the last known address (presumably the rental property). Even if they go abroad they'll be back some time.

Chalk it down to experience. Trying to "mess with their future livelihoods" doesn't paint you in the best light. You're better than that, surely?

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ReallyTired · 21/05/2015 10:15

Lurkers, I have sympathy as I have had experience of really nasty tenants. You need to seek justice rather than revenge. The small claims court will give you justice even if enforcing a claim is difficult. Am unpaid county court judgement with mess with their life, but it is a measured response by an independent judge. What makes you think that a univesity should take the side of a landlord who might be dishonest?

I feel that the agency let you down because they failed to advise you on how to protect yourself. This situation is also what landlord insurance is for.

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PatriciaHolm · 21/05/2015 12:10

"messing with their future livelihood"

But you won't be. They will be allowed to graduate, no problem. If their supervisor gets involved at all (unlikely) all he/she can say is "please sort this out". It will have no adverse affect on their career whatsoever (and simply paints you as vindictive).

The small claims route is considerably more likely to be effective.

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lurkerspeaks · 22/05/2015 00:05

An unpaid debt from the small claim court won't affect them long term they are leaving the UK and are unlikely to be back.

Using the university disciplinary procedure will have short and possibly long term consequences for them. Non payment of rent is covered as they used their (prestigious) university appointments and funding to secure the tenancy. I am feeling vindictive they have damaged a lot of stuff and not paid for their final few weeks. I also had to replace just about every fucking lightbulb in the flat including both oven and fridge.

This is an agent fuck up as they didn't notice (last rent was paid in Feb) and if they had we would have had longer to sort it out. I questioned the relatively small deposit (4 weeks) and they assured me it would be adequate, it isn't.

I'm a bit unclear why I have been paying for a professional service that has been anything but....

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HarrietSchulenberg · 22/05/2015 00:32

If you've been paying an agent, get them to sort it out. Threaten the agent with small claims court for dereliction of duty or whatever.

It is utterly pointless pursuing through the university as you were a private landlord and your contract was with the students. At best the university might contact the students on your behalf but they certainly will not prevent their students from graduating because your letting agent failed to manage your property properly.

If they had been professionals would you be seeking redress via their employers?

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Collaborate · 22/05/2015 07:26

The thing is, you're not going to be able to use the University Disciplinary process. They used their position to get the tenancy no more than you use your job to get credit. Do you really think you should be disciplined at work because you miss a credit card payment?

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DorisLessingsCat · 22/05/2015 10:06

You will come across as slightly unhinged if you try to threaten them this way and therefore lose all credibility.

The university will not be in the slightest bit interested. 'Disrepute' does not stretch to this.

Your beef is with the agent, the tenants and any guarantor they had.

I am both a LL and I work at a university BTW.

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ReallyTired · 22/05/2015 11:09

The university will not give a monkey's that their students have upset their landlord. Its a civil matter between you and the students and should be dealt with by the civil courts.

Its quite common for tenents not to pay their last month's rent because in the past many landlords kept the deposit unfairly. Having deposits in deposit schemes and insisting that a proper inventory is made has made it harder for dishonest landlords to keep deposits.

A student bringing the university into disrepute is far more public than failing to pay the last months rent. Its regulation designed to punish students who behave like the Bullingdon club.

en.wikipedia.org/wiki/Bullingdon_Club

Or Britain's horniest student

xmedia.ex.ac.uk/wp/wordpress/horniest-student-to-undergo-disciplinary-by-exeter-uni/

There are plenty of bad tenants who aren't students. I feel the OP needs to get a grip and be a bit more business like.

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lurkerspeaks · 23/05/2015 11:05

Ok - they paid up after a letter from the Letting agency.

I spoke to a friend within thenuniversity - they do get stuff like this through the disciplinary panel (and you get it though my regulatory body too) but the sanctions are low.

I'm still cross with the letting agency Apparenlty I'm meant to accept all of the missing stuff, damaged stuff and lightbulbs as the tenants "don't remember" creating the damage and it was only few things missing and only a few lightbulbs....

Meanwhile the tenants are arguing that when they moved in the window cleaner forgot to clean one of the 11 windows so the should only pay 10/11ths of the window cleaning bill as this time all the windows were clean.

The letting agency think this is fair - I would too if I hadn't let all the other stuff go but I did so why the fuck can they just not let cleaning one extra window go.....

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RedRugNoniMouldiesEtc · 24/05/2015 15:07

I don't think student letting is really suiting you op. Glad you got the rent.

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