Someone Tell Me I'm Right....

[Apple Tree Crafts]

.....I'm sure I am.

My son was recently thrown (physically) out of his house share, and is now living in another house share with post grads students.

Ok, cut out the why's and how's, the letting agents say my son cannot have the rent has paid since he was thrown out, and is still paying, because his contract says he must find a replacement tenant for his room in order to get his money back. This is impossible because the Uber-Brats still living in the house are refusing to co-operate in finding a replacement - they keep sending people away or not letting them in.

Said letting agents demanded my son's house keys back, on the grounds that they will need them for any replacement tenant. This means that my son has no access to a house that he is paying for.

I've told him to write formally to the agents and request the keys back. I know he has no intention of ever living there again, but he might want to, mighten he, at some point? He should have the choice if he's paying rent.

NOW, my question is, if the agents say no, he cannot have the keys, then they have denied him access and therefore, broken the contract? So if the contract is broken, they can't demand my son continues to pay the rent for a property he isn't allowed in to?

Does that sound right? I'm pretty sure if the say he cannot have keys that they have just shot themselves in the foot.

Jules

[EMEvans]

If i was you i would tell him to go and seek the advice of a solicitor. The initial meeting shouldn't cost him anything and they may agree to write a letter on his behalf to the agents for a fee although this would be a hell of a lot cheaper than continuing to pay the rent. This should be enough to scare the agents and hopefully he shouldn't have to pay the rent. Make sure he gets the agents to ask for the keys in writing, the solicitor should have a field day with that!

[icecreamgirl]

Try your local Citisens Advice they are usually really helpful

[Apple Tree Crafts]

Just Waiting for an Opinion...

The boy house shares with post grads, one of whom used to be a solicitor, but he's going on to do something else.

Anyway, my son is going to run it passed this chap, who's been a huge help so far, and phone me either later or tomorrow.

He did go to see a CAB solicitor, who was useless, and now he's going to see someone else and his housemate is going with him to make sure my boy (he's only 21) points out the salient stuff.

I just wondered if anyone else knew.

Thanks everyone, can't tell you how worried I am about the boy. It's a lot to deal with for him, and he has his finals coming up in June! Then, as long as he passes those, next year is Thesis year.

Thanks though,

Jules

[icecreamgirl]

If it were me...

I'd definatley get the key back, i'd also seriously consider just not paying the rent either, i mean he's just a student at the end of the day, what are they gonna do ? sue him?
I'd also make those lovely sounding bunch of peoples lives a living hell, in ways that i think have been mentioned in another thread.. skip companies, porta loos, pizzas, you name it, they would find it on their doorstep!!
Oh i know it wouldnt help the situation but boy would you feel some satisfaction!!!!!

[Apple Tree Crafts]

The Rent is a Pain...

When the tenancy was agreed, the letting agents took post dated, quarterly cheques from all five of the tenants, and they are dated for about one week after their grants & loans etc are paid to the students in my son's case, but I think the other kids parents wrote their cheques, as they don'y have loans and/or grants.

So, the last quarterly cheque was cashed on Jan 30th 2007, the next one's dated for April 30th 2007. My son has stopped the last cheque ( agents don't know this - yet) but needs to recover about £650 from the January one, and his deposit.

The agents are warbling about the small claims court if they don't get their money, but I think, if they refuse to return the keys then they're buggered. I so hope I'm right here! They cannot expect rent for a place they are denying my son access to.

Will find out by tomorrow I hope!

Jules

[countrygal]

Count me in !! Estate/letting agents are nothing short of Cowboys, just thinking there must be a regulatory practise for letting agents might be worth checking out. And the end of the day they will try to get away with as much as they can because they are paid commision. If I were you I would'nt pay rent for a place I have no access too and yes I would have to agree that if these so called intellectual brats don't know how to behave, I would have to teach them a lesson they would'nt forget...would'nt do it again would they he he

[swirlyarts]

When I was at university the contract we had with our letting agent was that if we moved out (I can't remember if it said anything about being thrown out) then we had to find another tenant or pay the rent until one was found. If the people who are still living there are denying access to prospective tenants then that should be a issue for the letting agents as there is no way another tenant can be found. However they are still getting their money so they are probably not inclined to intervene. Bit of a problem - hope it gets sorted soon.

[Apple Tree Crafts]

Exactly the Problem Swirly...

That's why I'm hoping the dastardly agents will refuse to hand back the keys when the boy writes to them.

I've emailed him a draft letter, alongs lines of

I, Fred Bloggs, tenant of The House, The Street, The City, hereby formally request the return of the house keys for the property mentioned above. I believe it is my right to enjoy peaceful unimpeded access to this property as long as I pay the stated rent.

If you do not wish me to have keys to the above property, please contact me at my new address, stating your reasons for refusal.

Yours Faithfully,

Hopefully, the dastardlys will write back, refusing to hand over the keys to the boy and that action, I hope, will then make my son's contract null and void.

Finger's crossed!

Jules

[Peter]

*The boy house shares with post grads, one of whom used to be a solicitor, but he's going on to do something else*

If he 'used' to be a solicitor, he's not the one to talk to! I wouldn't have an operation by someone who 'used' to be a surgeon!