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Original poster

Student house fallen through

60 replies

Silverstar2 · 22/06/2024 12:43

My DS and 4 friends secured a student house for their final year (Brighton area) back in March. By April, deposit paid, first month's rent paid, tenancy agreement signed by all tenants, landlord and guarators, one of which is my DH. Move in date of end August. Great. All set.

Son now home ( 100 miles away from Uni) for summer. Just had an email from the letting agent saying the LL wants to sell the house so is cancelling the tenancy! Anyone who has had any experience with student lettings will know that at this time of year there are 1. Very very few student houses available as they are all sorted month's ago 2. The ones that are left are miles away and poor quality - hence being left and 3. More expensive. Son and friends were meant to be paying £150 a week each plus bills, the only properties available are around 180/190pw, they can't afford this.

We are waiting to hear back from the agent, but are we unreasonable for seeking financial compensation from LL, as he is in breach of contract? I have a friend that said LL is within his rights but from some research this is untrue. Son has nowhere to live in September. It is going to cost us, as parents, a lot of money to find somewhere at short notice. I think the LL should pay the difference in rent for anything over the 145 a week.

Has anyone got any experience of this?! So annoyed right now as DS did everything right by sorting this out early. The LL has also held around 7k from the group in rent and deposit since April then pulls this shit.

Thanks for any help. I will sue him for breach of contract of if I can.

OP posts:
Didimum · 22/06/2024 13:19

Apologies, OP, I thought they had signed and he had not, but taken a deposit.

Smithhy · 22/06/2024 13:17

You are getting a lot of incorrect advice on this OP by people saying it’s allowed. I’d recommend posting on landlordzone where you will hopefully get a clearer answer.

Didimum · 22/06/2024 13:10

Silverstar2 · 22/06/2024 13:09

No the tenancy starts 30 August. He surely, once everyone has signed, and monies paid, IS in breach of contract? I imagine he would want compensation if the tenants changed their mind at this late stage. And it really is late for a student house. As I say, these are usually sorted by March latest. A tenancy agreement is a legal document. You can't just 'change your mind'.
DS says nothing mentioned is the agreement.

Have they seen the signed document from him?

Original poster
Silverstar2 · 22/06/2024 13:09

No the tenancy starts 30 August. He surely, once everyone has signed, and monies paid, IS in breach of contract? I imagine he would want compensation if the tenants changed their mind at this late stage. And it really is late for a student house. As I say, these are usually sorted by March latest. A tenancy agreement is a legal document. You can't just 'change your mind'.
DS says nothing mentioned is the agreement.

OP posts:
Didimum · 22/06/2024 13:07

I’m afraid he’s within his rights to cancel before the tenancy begins, OP (used to rent out a property). You will waste time, energy and money going after him for this.

It’s very disappointing and annoying, however you just have to crack on and find the next best solution. For example, the group do not have to stay together – they will have a better chance at suitable and affordable accommodation if they look for individual rooms.

Doublebubblegum · 22/06/2024 13:01

Has the tenancy actually started?

SugarandSpiceandAllThingsNaice · 22/06/2024 13:00

Even if the landlord wrote the shittiest contract on loo roll, he is still within his rights to cancel a tenancy that doesn’t start until end of August. This is a statutory right, that no contract can supersede. Future tenants who are months way from moving in have zero statutory rights over a property compared to the owner of the property.

theeyeofdoe · 22/06/2024 12:58

No, he can't do that.

I would contact the agent and make it clear that you are aware that the tenancy agreement is legally binding (and I assume there is no break clause for the year).

Have a look at similar properties in the same area, find out how much more expensive they are and make it clear that you will take the landlord to small claims to recover the difference in cost if the contract is breached.

You then need to document everything. Screen shot a list of all the currently available student houses in the areas. Including unsuitable ones, you need lots of proof for small claims courts. I would include listing from several sites and maybe email the accommodation centre at the university as well.

It may well be that the landlord is in financial trouble, so has to sell, in which case it will be cheaper for him to offer you a settlement now, rather than you taking him to court, as the court costs are not insignificant.

Hankunamatata · 22/06/2024 12:57

What does the tenancy agreement say?

DillyTin · 22/06/2024 12:56

What does the contract say? Does their contract say the house can't be sold whilst they are in it?