Landlord won't release DD from contract

[BethAfra]

I'm hoping someone can help/offer advice. DD just finishing 2nd year at uni and wants to change accommodation. Unfortunately she has already signed the contract to stay in the same place for next year. She spoke to the letting agency back in February explaining that she wanted to cancel and they said she could if she found a replacement tenant. So far she has found several but they have rejected each one for various reasons. It's quite annoying because the agency applied a lot of pressure back in September to get the students to sign up for another year, and IMO took advantage of their inexperienced, implying they would be homeless if they didn't. Now she wants to move courses to a different city and is a bit stuck. Does anyone know if there is an ombudsman for this sort of thing? I know she's adult but it all seems a bit exploitative to me, especially as she's had to pay another deposit even though they still have her deposit from last year.

Did they give her solid reasons why they rejected the suggested replacements?

I'd say she needs to go all out to find someone to replace her. Now is the key time for any student who hasn't got themselves sorted for Sept.
How hard did she try to get a replacement - has she posted on all the uni accommodation pages/ student facebook groups/ Spare room etc?
Can the agency put an ad up on Zoopla/Rightmove for '1 room in shared' house?

The problem is that she signed the contract and she is contractually obliged to fulfil it. Not sure chasing after an ombudsman will help.

Which uni? Perhaps someone on MN know someone looking for a place?

BTW - she shouldn't have had to pay another deposit - that's wrong. Did they put the first one in a registered deposit protection scheme and notify her? If not, her contract may be invalid.

The agency said they would help but when asked what they were doing said they were doing enough by getting the students out forward.
DD is paying for ads on spare room.
The deposit was put in a registered scheme.

Who is rejecting the potential new housemates? The landlord or the other sharers?

I'd say she needs to go all out to find someone to replace her. Now is the key time for any student who hasn't got themselves sorted for Sept.
How hard did she try to get a replacement She'd already found several people!

Sorry, agent is vetting not getting. It's the agent who decides. I've read the contract and there is clause after clause where the landlord can end it early but none for the tenant.

Yes, but if they don't meet certain criteria (e.g. no guarantor, or have a CCJ etc) then they will be automatically rejected. That's why I asked 'Did they give her solid reasons why they rejected the suggested replacements?'

I'm afraid this is why parents should get involved before students sign contracts and not after the fact (although it sounds like a standard one year student contract to me).

Even if there is any kind of ombudsman (not sure if there is?) it will take so long to challenge it that she will end up liable for all the rent anyway.

Personally, I'd make like as difficult as possible for the agent - ask for written confirmation of reasons for rejection for each potential replacement, challenge them about anything in the contract which might be suspect (ask Shelter for advice) e.g. if they didn't provide an EPC, right to rent document and current gas safety certificate at the beginning of the tenancy then the contract may be invalid.

My dd has also signed a dodgy as hell contract for next year. She signed in November, so two months after she started university and like your dd, she was put under pressure and it was inferred she would have to live in a ditch if she didn't find somewhere. I told her it was too early to decide who she wanted to live with and where she wanted to live.

It's very frustrating but she's just going to have to put up with it for the year now.

If the landlord wanted to chuck her out cos he'd changed his mind there'd be uproar. It's a contract.

She needs to find a replacement.

Agree with what fluffy says. If the Landlord hasn't followed the rules the tenancy may be invalid anyway.
Has her deposit been protected Properly?

https://england.shelter.org.uk/professional_resources/legal/housing_options/private_renting/tenant_remedies_for_unfair_trading_practices#title-1

This is the bit on shelter about unfair trading.

Does the uni have a housing advice Officer? She could go to them for advice.

Have you contacted the landlord ? He/she might not have a clue what is going on and might be more supportive.

Would giving reasons for rejecting the suggested replacements not contravene GDPR or something?

Can anyone in housing at uni help? Some have departments set up to help students with housing and contracts in general.

The thing is, she has signed the contract and as long as the terms are legal, is tied to them. She’s an adult and takes responsibility.

It’s one of those areas which is a minefield for young adults, and they really do have to be very aware of checking everything out and being certain before they sign…and enlisting the help of parents or adults in advance.

Changing your mind is always going to be costly. The agent and LL need a suitable qualified replacement tenant, not just a warm body that will sign the contract. This means they have to meet affordability criteria etc. This is usually guarantors.

Your DD needs to put extra effort into finding the replacement and know that if she doesn’t manage it, she will be liable for the rent. It’s harsh but reasonable.

There are likely to be some students who get places through Clearing who need accommodation. However, that’s 6 weeks off.

Good luck - I hope she finds someone.

What exactly did she sign?
If she signed say a fixed term tenancy running from Sept 23 to May 24 then she should immediately give written notice she’s not going to accept it and move out at the end of her current fixed term tenancy. She would only be trapped in a new fixed term tenancy if she stayed there past the last day of her old/current tenancy agreement. The contract isn’t binding until you are in the property during its term.

If she’s on a periodic or rolling tenancy, no matter what she signed, she can give 1 month’s written notice and move out.

Call Citizens Advice or follow this link for more help as on how to word the written notice which would go to the estate agents managing the property. Sadly, calling them, texting them does not count as giving notice. So her conversation in February was worthless.

https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

Not necessarily. Dodgy contracts are not legally binding….at least the unenforceable parts aren’t. No contract can overturn your legal rights as a tenant. If the new tenancy doesn’t start until September, she still has time to refuse to take up the new tenancy period by sending written notice.

It’s not the DDs job to find a new tenant either. The estate agents are taking advantage of a student to do their job for them. You only need to source a replacement tenant if you want to leave your current fixed term tenancy early (not a future one you haven’t started and not a periodic/rolling tenancy ever)

Housing adviser here. Your DD signed a legally binding contract to agree to live in a house for a year from September. She needs to facilitate this. The agent has offered alternative of her finding an appropriate tenant to replace her. If the potential tenants she found don't meet the criteria then they can reject them. If she can't find anyone to replace her then she's liable to pay the rent.

@BethAfra

just to bring this post to your attention!

shes technically an adult, but she's only 18 & Agents can be horrible bullies, definitely time for parental involvement!!

It doesn’t sound like it is definitely legally binding to my DH. He’s a regional property manager with over a decade experience in residential and commercial lettings and is ARLA qualified.

OP should approach citizens advice with a copy of whatever her DD signed. There are only two types tenancy agreements- fixed or periodic(rolling) and if the new fixed term hasn’t started yet, she can give notice so long as she is a month out, with periodic she can give 1 month notice at any time. These are her legal rights, no contract can take that away.

So on the very little we have, her contract may not be legally binding.

Nearly all students have these contracts. Sounds standard to me. Often the student does find the replacement. For a student finishing y2 , she must know the housing score in the city. Loads of cities and towns don’t have enough housing. So of course students sign up. Why would you not stay in a house for another year if y2 was ok? What would be the advantage of starting all over again? Many students sign up before Christmas. Parents can advise if they know better. Students can wait as long as they like but others won’t, so you might be left out.

I would, very urgently, get her to speak to the university accommodations office. Be first in line to get a clearing student. Or an overseas first year. Better she knows now that it’s vacant. What do her flatmates thinks Must be worrying for them. If I was them, I’d be looking pretty hard for a new flatmate too. Are they not jointly and severally liable? Also the DD did know she had signed this contract. Months ago. What have they all been doing?

Leaving after y2 is a bit odd too.

Due to GDPR LL couldn't provide you with info as to why possible tenants are rejected.

If LL hasn't completed their obligations, the contract could be terminated. But this is something that would be decided in court - so a very lengthy process which would take most of next year.

Very true. Contracts protect and lock in both sides. LL costs may have tripled with interest rates since they signed the contract, but LL can't simply change the terms now, and neither can the tenant.

Are they not jointly and severally liable?
Only if the estate agents are dodgy. The standard private lease agreement for students in flat shares is that they are individually liable. They are not joint tenants. This means that their guarantors are only liable for their student’s portion of the rent.

Otherwise you get into situations where parents of student A end up paying student B’s rent if they default. Don’t ever sign a contract that has your student being a joint tenant.

Sadly surprisingly common, among all agents (seen 4 tenancy agreements with this across the last few years of DC at uni). We just sent a letter alongside the guarantor's form saying we didn't accept liability for other students and the agents didn't say anything. No idea if it would hold up in court!