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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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hi i am a student living in a student accomidation. i moved

Customer Question

hi i am a student living in a student accomidation. i moved here in July 2013 and was meant to move out end of August 2013. I have not left or signed another contract to say that i living after August but i am still here. What action can the place i am living in take
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is this privately rented student accommodation please?
Customer: replied 2 years ago.

it is a student accomidation and no i do not think so. its a part of the university as well as seem as there is university contracts

Expert:  Jo C. replied 2 years ago.
Is this in student halls please?
Customer: replied 2 years ago.

yes correct. Today they have come banging on my door and saying that nobody is meant to be living in this room

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see you have relisted this.

If you are just renting a room, ie it is not self contained accommodation then they can evict you without a Court Order. This is because you have no security of tenure and not a tenant as such and can be removed without a Court Order eviction.

If on the other hand it is totally self contained (ie bedroom, kitchen, bathroom etc) then you would need a Court Order to be evicted.

But based on my understanding it is just a room where you live. That being the case they can come in and change the locks to remove you.

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Expert:  Jo C. replied 2 years ago.
Sorry for the interruption above.

Depending on the terms of the tenancy they have two possible courses of action.

If it is an assured short hold tenancy, they can serve you a section 21 notice to quit and if you do not leave, you can be taken to court and they will get an order for possession and costs against you.

If you still do not move, they can apply to court again and get a warrant for possession which is basically an eviction order and instruct bailiffs to evict you. That will incur further legal costs.

If it is not an assured short hold tenancy which is more likely, they can actually enter the room when you are not there, remove your goods and lock you out. If you have changed the lock, they are entitled to break in and charge you for putting the job right. They do not need a court order to remove you, provided they give you one months notice to leave which it appears they have done

They cannot physically manhandle you out because that is assault.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

basically i cannot afford the money now so i am wondering what i have to pay them i have only agreed to paying £580 which is written on my contract but i was meant to move out 31st August 2013. What action can be taken here??

Expert:  Jo C. replied 2 years ago.
Are you saying you've been living there since August without paying?

Or you have been paying but can't continue?
Customer: replied 2 years ago.

living here since august with agreeing to pay £580 till end of August. I can afford that but i cant afford all of the money till now. Also these people didnt even have a clue i was living here so my health and safety is at risk. ie if there was a fire these guys wouldnt have a clue am inside the building??

Expert:  Jo C. replied 2 years ago.
You are not in a favourable situation.

The fact that they do not know you are there does not help you at all.

The health and safety issue is purely a non issue and would not assist your case.

If you did not have consent to be in the property originally then you could be committing a criminal offence by remaining but nobody who has overstayed has yet been prosecuted

In addition, you are liable for rent for all the time you are there and as well as locking you out, they have a claim against you.

You are not, as I said, in a favourable situation and to avoid unnecessary costs and court and being locked out of the property, you need to make alternative arrangements as soon as possible.

The fact that you may not be in a good financial situation is not of concern to the University I am sorry to say.

Whether they will pursue you for further rents or not is another matter.
Customer: replied 2 years ago.

what if i walk away and leave the property will i have to pay? What can happen to me? They did know i moved in July but i was meant to leave the accomidation at the end of August

Expert:  Jo C. replied 2 years ago.
You will be liable for rent, whatever the rate you are paying before, until you move out.

If they are minded to, they can take you to the Small Claims Court but they would obviously need a forwarding address for you.

The only reason that you escape criminal prosecution currently is because they consented for you to move in back in July.

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