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I am currently accommodating the property with two other people.

Customer Question
We are all students. We...
I am currently accommodating the property with two other people. We are all students. We have decided not to pay the last 1.5 month rent as we were concerned that landlord might not return our deposit. Right now the rent is 20 days due in arrears and landlord threatens to contact our universities if we don't pay rent by tomorrow and prevent us from graduating. I suggested he takes our deposit instead the rent in arrears. the deposit section of the contract states:
Before the commencement of the Tenancy hereby created the Tenant shall deposit with the Landlord the aforementioned sum to be held against all possible liability arising by reason of the Tenant's failure to observe and perform the obligations stated above, including the obligation to pay the rent.
The landlord or his Agent shall be entitled to deduct such sums as may be required to properly remedy any such failure... (countinued in details)
The question is, can our landlord prevent us from graduating for rent arrears?
Submitted: 7 years ago.Category: UK Property Law
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Answered in 18 minutes by:
5/11/2010
Solicitor: Thomas, Lawyer replied 7 years ago
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

 

Thank for your question.

 

He cannot prevent you from graduating, he can complain to the University and it's up to them what they do about it. It's unlikely in the extreme that they would prevent you from graduating, there was a test case in which a university attempted to block a student's graduation because of outstanding rent arrears of over £3, 000.00 from living in student rented accommodation. They were not allowed to block her graduation.


The landlord does have rights in pursuing the rent arrears against you (including interest). Your deposit should be lodged in a tenancy deposit scheme if you are occupying your property under an assured shorthold tenancy, which you will be unless you received a notice stating that it was not to be.

 

These schemes run dispute resolution procedure which you can initiate in the event you do not agree to the landlord's proposed deductions. You should have received details of the scheme in to which your deposit was lodged. If you did not then you should ask for them from your landlord/agent.

 

If you deposit was not lodged in a TDS then you could make an application for the return of the deposit and a fine payable by the landlord to you of three times the deposit amount.

 

Ask the landlord to provide you details of the TDS for your deposit, but cushion it by saying you will pay the last months rent immediately upon receiving (and checking) the details of it.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas
Thomas, Lawyer
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Customer reply replied 7 years ago
The montly rent for the property is 2210. And deposit is 3000 pounds. Does it still come as an assured shorthold tenancy agreement? I have asked for the details of the deposit protection scheme and I was informed that this particular deposit does not come under DPS. What is my position in that regards?
Solicitor: Thomas, Lawyer replied 7 years ago

Right, is the tenancy agreement for a shared house or do you have separate ones in your own name for each room?

 

Thanks for the kind accept.

 

Tom

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Customer reply replied 7 years ago
We have one agreement for all of us, shared responsibility, which is another interesting aspect we don't enjoy in our rent.. So it is one agreement for one house.
Solicitor: Thomas, Lawyer replied 7 years ago

In that case because it is shared and the rent is above £25, 000.00 it cannot be an assured shorthold tenancy agreement and therefore your landlord is not required to lodge the deposit in a TDS.

 

You should probably pay the rent and deal with the deposit separately. You can limit his ability to deduct by taking photos and attending him upon his checkout inspection of the property. Perhaps ask an independent person to be there as witness.

 

Kind regards,

 

Tom

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Customer reply replied 7 years ago
Sorry, does it mean he actually can prevent us from graduating?
Solicitor: Thomas, Lawyer replied 7 years ago
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