Legal position on notice for flat

    I moved into halls of residence only 2 weeks ago but I decided to change my degree which means going to main campus, I asked the university who informed me if I move I will have to pay the remainder of the year plus a £40 penalty payment.

    I never got a list of terms and conditions when I moved in, just filled in a inventory form, a next of kin form and signed a form saying my moving in day.

    I picked up a booklet from the acommidation office which says the terms and conditions and also mentions my deposit will be returned after 28 days after "inspections" are made.

    I have found somewhere at my new campus which is cheaper and nicer anyway but I will lose it if I dont move in in the next few weeks.

    I dont mind handing in notice of a month or so and the halls are in high demand so someone would move in fast, in fact I can get one of my friends to move in who needs somewhere to stay.

    But whats the legality of forcing me into a long term agreement I didnt know about and having no get out clause etc.


    Which university is it? Might be of use as someone else in case someone else here has been in the same position.

    What was on the form for your moving in day? You must have signed a lease at some point which detailed the minimum length of your stay.


    Original Poster Banned

    Nothing, just a few forms like next of kin. home address. etc and I paid by debit card so have reciepts.

    The only get out clause is that you need a doctor to do a medical report which has to approved by the director of the university and even then you have to pay for the remainder of the term

    And if you are asked to leave from the course, or they chuck you out of the halls again you have to pay the whole academic year.

    Original Poster Banned

    Forgot to say its the academic year not the end of 2007 i.e August 2008 is when they want me to pay to.

    You must have a signed lease of some sort, this basically contains all the terms and conditions which you agree to when you sign and also someone representing the property. There should be at least two, one for you and one for whoever is managing the accomodation.

    If you don't have this then you are not tied to the property, I would ask them to show the paperwork you've signed where you've agreed to the terms they're saying. If you have signed a lease they will be able to produce but if you haven't then they cannot hold you to those terms.

    At least from having been in uni accomodation myself and several rented flats afterwards that's my understanding.


    Original Poster Banned

    Yes, I was in a rush to move in so didnt check much, the woman didnt seem bothered about me and the room I got is a pig sty, burned pan marks on floor, cigarette burns on the chair, room stinks of sweat, the power socket was cracked(which took a few days to be repaired)

    But all she did was get me to sign the inventory, sign and fill out next of kin, give 2 photos and a home address form.

    And then a form stating the hall name and room number and my bank details and when payment was due but no details of T and Cs ie a contract.

    She never gave me the terms and conditions booklet which the

    Original Poster Banned

    And I have been in uni accomidation before when I was doing my hnd a few years back and I had a proper contract which I had a copy of(think it was about 10 pages)

    And when I left home I was staying in college halls over summer and had a similar contract, this is first one I have seen like this.

    Shouldn't have been a separate booklet, all the terms and conditions would have to be on a form you signed otherwise if it was a separate booklet and they changed their policy you would have no ground to stand on.

    Do you have any signed paperwork yourself or was it all handed back to the accomodation office?

    The contract you've mentioned is what you should always have, it should be a reasonable size of document and detail everything which you and whoever manager the property sign. This is exactly where the minimum duration should be, when signing up for property a couple of years ago the landlord wanted a minimum of one year which I didn't so the lease wasn't signed. We agreed on a six month get out which meant two new leases were sent out, we signed both and I kept one, he kept one.

    As long as these forms you've mentioned are only for inventory, billing etc. it sounds like you might be able to get out of it as they have overlooked getting you to sign a lease. I think it's unlikely as it's really the most crucial part of it all but I guess it's possible.


    Original Poster Banned

    Yeah, I ws just tired at the time, had a few hours sleep and was excited about moving to the halls and the woman was pushy. All my other accomidation I have had has given me a contract.

    Its just money im worried about, I do have an overdraft so can move into my new place, or if worst comes to worst I will ask if I can transfer to the halls at the main campus which are cheaper and much newer as well, the ones im in now are disgusting carpet full of burn marks, dirt, 1 socket in wall for a big room. kitchen has no freezer plus has overflowing bins, the green bin outside is rarely emptied.

    All this for £70 a week when I could of got a room in a house for £60 which was much bigger and nicer, just left it too late.

    [SIZE=2]I think your best approach is to go to your flats manager or whoever represents the University and ask them for the paperwork which shows you have to be in the accomodation for a year - if they have paperwork which shows this and it has your signature then unfortunately you are stuck as I *think* this is legal.[/SIZE]
    [SIZE=2]However if they have no signed paperwork then you are free to go.[/SIZE]

    Original Poster Banned

    Off to bed class at 9am anyway but will be back on lunchtime.

    As has been said, ask for proof of a signed tennancy agreement, if one cannot be produced, you not legally obliged to pay the year off. Also I would speak to the student Union as its sounds silly that you can't move accommodation within the same Uni to the other sites.

    Original Poster Banned

    Some good news well they said I only have to pay up till a new tenant moves in, so I have put a poster up outside SU bar and office as it would take a few days to pack and organise transport anyway.

    Sounds harsh - but from their point of view, if they cannot get anyone else the room will remain vacant for that long.

    unfortunately halls of residence arent covered by the shorthold tenancies act, they are counted as what is known as social licencees, the only early termination is normally exactly what you are doing, finding a replacement tenant, if you look carefully through the accomodation pack you would have been sent on acceptance to the uni' you will probably find the t&c's in there, unlike an assured short hold tenancy they can stipulate their own conditions. Make sure when you find a new tenant you are present when the inventory form is completed (take pictures if you can) then they cant blame you for any future damage.

    Original Poster Banned

    Hi some bad news, I spoke to the accomidation officer for my campus who is rude and has a rep of making excuses to keep deposits and not letting people move out who claimed even though I never got the T and Cs when I moved in, as I now read them that means I "accepted" them

    I said I found someone to transfer into my room from the main campus and she said that didnt count as they already pay for halls at the main campus so are on system.

    I also asked them if I vacate the room today how long would she put my room down as next in the list of available rooms and she refused saying theres a few other rooms which havent been occupied yet so mine will be last in the list as im already in the room.

    Basically saying now they have me, even though they could get someone in today they wont as that means more money.

    She also lied as BEFORE I moved in and even before I saw room she asked the reason why I moved from private accomidation to the halls and I said my old place was too noisy and I was kept awake and it was affecting my coursework. She told me the halls are loud, and I said thats fine I can handle it if not all the time, and if I dont like it I will just move out.

    She claims I never said that
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