Change to agreed tenancy end date in writing?

Reply to the comment left by Bridget Kik at 26/11/2022 – 09:04
Hi Bridget, thank you for your reply, however I think you have misunderstood the situation. Her current tenancy is with Hello – a private sector provider of student accommodation, as the University were unable to guarantee her a room, despite her being a First Year. They are a huge organisation, providing purpose built properties close to many universities. I don’t know whether this makes any difference, but I intend speaking to Hello directly. Just looking for any advice first ?

Reply to the comment left by Graham Bowcock at 26/11/2022 – 09:20
Hi Graham, thank you for your reply. I agree the circumstances are different, and am grateful for your advice regarding a break clause. I will definitely reread the contract before I contact Hello – a huge private sector provider of purpose built student accommodation, close to many universities throughout the UK. If I ask nicely, maybe they can rent out her room to someone else ?

Reply to the comment left by markyboy at 26/11/2022 – 12:30
Hi Markyboy, thank you for your reply. My heart has now sunk even deeper into my boots! ☹️ Being new to renting, with two youngsters leaving home in the same university year, the overlap with regards to council tax and student exemption had not even occurred to me! Something else to investigate, but I’m grateful that you flagged it ?

Reply to the comment left by Lisa G at 26/11/2022 – 09:21
Hi Lisa. As a landlord with experience of tenants who trash the place and drag you through hell and back, if a tenant made an agreement with me and I said yes to them and they respectfully paid in full and handed back the keys, that’s a win for a decent landlord

If you have proof he agreed to let her go on the day they agreed, she would win in a potential court battle

If he doesn’t have any way to put something on her credit file, there is basically no risk at all if she simply sticks to the agreement she has with him. He may try pestering her, so show him the agreement and tell him to go away. Tell him you will win in court and such a tiny sum isn’t worth litigating over.

You almost certainly will win if you have proof of the newer agreement which he signed in full knowledge that it differed from the previous agreement. Even if you lost a small claims court battle, you could pay it within 4 weeks and have it struck off the record so there wouldn’t be any CCJ record. (although some mortgage providers as from any CCJ history even if it was paid in full and struck off the record)

Overall, he will bark but he isn’t likely to chase her. This is his lesson to make better business deals in the future and not give deals he doesn’t want to

And with the way the market is right now I’m sure he will have a new tenant in there in no time anyway, so he’ll probably be too busy to chase her anyway.

Always take legal advice if someone wants to take you to court. Perhaps even offer a settlement if you wish to avoid trial due to fear of an unfair judge. But in all likelihood you would win if you have evidence of the newer agreement

Reply to the comment left by Lisa G at 26/11/2022 – 09:21
Lisa

If the agreement from the landlord is in writing then I’d be tempted to insist they stick to that. If they didn’t realise when Christmas was and are now worried about losing a few quid then frankly that’s tough.

I can’t see any landlord pursuing for the additional period’s rent, it’s just not worth their while and they risk looking silly if there is evidence to support the tenant.

The caveat has to be that I have not seen the tenancy agreement or other paperwork. There may always be something in that which would cause me to change my opinion.