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Assured Shorthold tenancy agreement signed but property not built and likely to have problems

6 replies

DishingOutDone · 10/03/2019 23:07

I went online and found some student accommodation for my DD. She has access to the flat from September.

Initially reserved (not signed) a room in Block A - this is a massive property with around 200 flats, managed by a company. Couple of days later I see they are advertising better rooms for the same price in Block B so I went onto the company's "online chat" and made enquiries about the "better" rooms and was offered one in Block B. I specifically asked if it was quiet and the advisor replied "I would recommend Block B" (so she didn't actually say "its quiet" or "yes"?) So we agreed to swop and DD sat with me and "signed" the tenancy agreement electronically - this was yesterday, Saturday 9th.

Today I found out some worrying stuff about block B - first of all, its not finished, they are still building it. Secondly, DD's room is a few yards from a live music and football type pub open till 1am, their beer garden and BBQ area are directly under her window, albeit 4 floors above. During the planning permission process the pub owners objected on the grounds that Block B applicants would be disturbed by noise from their events!

I'd like to simply ask the company to swop her room again, I feel they will try and claim the deposit from her (so from me!). She had to provide guarantors for the tenancy so DH and I have received a form to sign which we haven't returned.

What are my options here? I think the company can just swop if they choose to be agreeable, and advice on the CAB website would seem to confirm that. I don't see anything in law that would prevent them from changing her room if they have dozens of others empty, for the same price?

Or should I say DD will give it a trial but if there is a problem then she wants to be moved, and get that in writing from them? All ideas welcomed, TIA.

OP posts:
ChicCroissant · 10/03/2019 23:15

So you asked for her to be moved to Block B without looking into the accommodation, and you didn't wonder why they were advertising better rooms at the same rate?

You could ask to be swapped back and hope that they do but really, they only moved her because you asked them to!

MidniteScribbler · 12/03/2019 02:34

Offering better rooms for the same price is a pretty big red flag. It's up to you to do your research before signing anything.

In reality, have you bothered just asking them? I wouldn't bring up that it's because of the venue, just say your daughter prefers block A, or a friend is staying there. If they say no, you'll have to just deal with that I'm afraid.

MissWimpyDimple · 12/03/2019 02:43

Firstly, signing online is the same as signing in person. Services such as DocuSign etc are very commonly used in lettings.

I would just ask to move back. No point in worrying about something which hasn't happened.

DishingOutDone · 12/03/2019 12:01

In the first year at large unis, hundreds of people will be booking these studio rooms on the basis of the "show" room you see at the open day - students can be coming from miles away, it might cost £££s to make the journey so most don't ask to view the actual room first - maybe you are thinking of student house shares when yes of course you need to view first as that could be a nightmare.

Anyway, turns out it was a misunderstanding about block letters. Just as well as I'd be none the wiser about the legal position from what anyone has said. I was merely asking if we request to change and they said only if you forfeit deposit and pay again, would they have any legal basis on which to do that.

OP posts:
ChicCroissant · 12/03/2019 12:35

If it says it is a non-refundable deposit then they could keep it. Have you asked them to swap back now then and it's been fine?

DishingOutDone · 12/03/2019 13:12

Thanks Croissant - no, it turns out I had been told the wrong block, so her new room is in fact not near the pub. As I say, complete misunderstanding Confused

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