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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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Good Morning, We are a student agency based in London and

Customer Question

Good Morning,

We are a student agency based in London and are having an issue getting a tenant removed from a property. The tenant in question has a two month membership with us which has expired in our terms we state that a months notice is required but she will not leave and I dont think that we can use a section 21 to have her evicted as when we tried to register deposits before we were told that because of the duration of our memberships we couldn't.

If we apply for a section 21 its my understanding that it will not get approved because the court will want to see proof of the registered deposit.

As a company we rent properties from Landlords and then let the rooms to our students we dont actually live at the properties ourselves and we dont have any staff members staying on site.

We really need help structuring our corporate lets with landlords and indeed our memberships with students so that we do not face situations like we now find ourselves in.

Regards
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience. I will try to help you with this.

JACUSTOMER-z5q3gx0f- :

Thats great

LondonlawyerJ :

Section 21 notices are used when there is an assured shorthold tenancy is that the situation here?

LondonlawyerJ :

If you are seeking an answer about how to remove this person you need to give me more details about the legal basis of her occupation of the property.

JACUSTOMER-z5q3gx0f- :

We dont really use AST's as our tenancies are alwasy under 6 months we help students come from overseas to study in London and we have structured our memberships to include some of the principles of an AST but they are not AST's.

JACUSTOMER-z5q3gx0f- :

I can send you a copy of her membership with us?

LondonlawyerJ :

Is there a written agreement that she has signed and if so what does she get for her rent? Does the head landlord know that you are using his properties in this way

JACUSTOMER-z5q3gx0f- :

Yes we have a coprorate agreement with all of our landlords

LondonlawyerJ :

How long is that membership document?

JACUSTOMER-z5q3gx0f- :

All bills included in her rent

JACUSTOMER-z5q3gx0f- :

How long is the document in terms of pages?

LondonlawyerJ :

Yes there is limit to how long a document it is appropriate to look at using this service.

JACUSTOMER-z5q3gx0f- :

Ok thats what I thought

JACUSTOMER-z5q3gx0f- :

Please let me know what else you need to help me with this.

LondonlawyerJ :

How long is the document?

JACUSTOMER-z5q3gx0f- :

One moment

JACUSTOMER-z5q3gx0f- :

I will check it

JACUSTOMER-z5q3gx0f- :

7 pages

LondonlawyerJ :

Ok if you can send it do.

JACUSTOMER-z5q3gx0f- :

I can only paste the txt here not sure that will help

JACUSTOMER-z5q3gx0f- :

2 | P a g e
I. Your Responsibilities
 Pay the monthly fee agreed into our bank account, by card or online banking. Cash payments are not allowed.
 Maintain the premises in sanitary condition
 Properly use and maintain all electrical, gas, heating, plumbing, and other appliances provided
 Do not cause intentional or careless damage to the appliances and furniture
 Do not permit substantial damage to the property or substantial interferences with the flatmates or neighbours
 Keep common areas such as lobbies, kitchens, stairways and halls reasonably clean and free from hazards
 Dispose of and recycle your rubbish properly
 Upon moving out, restore the premises to the same condition as when the member moved in, aside from normal wear and tear
 Depending on your situation you will also need to provide us with
a. Copy of Passport, Valid Visa or Driving License
b. Debit or Credit Card as a Guarantee
c. A parental or guardian’s guarantee for all tenants under the age of 21
d. For Full time students will also need to Provide a Council Tax Certificate
This certificate is issued by any UK School or University showing that you are a Full time Student* eligible for a Council tax exemption. If you are not eligible as a full time student you will be required to contribute to the council tax bill issued by the local authorities which is charged at £30 per month, per person.
II. Our Responsibilities
 Pay for the utility bills agreed (Gas / Electricity / Water / Internet)
 Provide the property fully furnished to the member with the normal conditions like beds, wardrobes, and kitchen cutlery
 Look after structural components of the dwelling (roofs, floors, walls, fireplaces)
 Maintain electrical, plumbing, heating, and other appliances in good working order
 Book repairs to be done by third parties in order to keep the unit in the same condition as when the member moved in, except for normal wear and tear
 Provide adequate locks and keys to the main entrances.
III. Your Membership includes
 Utility bills (Gas / Electricity / Water) unless otherwise agreed
 Internet service
 Fully furnished bedrooms: Bed / Wardrobe / Chest of Drawers
 Fully furnished kitchens: Dishes / Pots / Cutlery / Microwave / Fridge Freezer / Washing Machine
 Living rooms equipped: Sofa / TV / Table / Chairs
IV. Your Membership does not include
 Telephone bills
 Council tax bill unless the member brings the CT certificate as full time member (a full time student is someone who studies 21+ hours per week for a minimum of 24 weeks, you will also be exempt from council tax if you are under 18 years old). The council Tax is charged at £30 per person
 Bed linen: Duvet / Sheets / Pillow (Must be booked before arrival if needed)
 Towels / Light Bulbs / Cleaning materials / Irons / Hangers / and any specific items
 Repairs of problems caused directly by the members or their guests including blockages to sinks and drains
Polar Choice will not cover the cost of correcting problems caused by the member or their guests and in such instances Polar Choice withhold the right to terminate the lease and retain deposits to repair any damages. DocuSign Envelope ID: 93F0C9FD-2EE6-4462-8E8D-6249C0B088A5
Polar Choice ltd
378 Clapham Road
SW9 9AR
[email protected]
0207 622 8330
3 | P a g e
V. Council Tax
If you are a full time student then you will qualify for a £15 exemption per calendar month. To be exempt from this payment you will need to bring your council tax certificate. You will be exempted if:
 You are enrolled on a course for at least 21 hours per week AND
 You are enrolled on a full time course that runs for at least 24 weeks
The certificate must be provided before signing the membership. If not, the full amount of £30 must be paid until the Certificate is brought.
If you fail to provide a valid certificate then you will incur a monthly charge as you will not qualify for a student exemption.
VI. Access to the Property
When a maintenance issue is reported Polar Choice reserves the right to access the property without prior notice to the tenant. When notice is given by a housemate Polar Choice will try and inform tenants of viewings, however we reserve the right to show a room or property without prior notice. Members also must not unreasonably refuse access to repair, improve, or service the dwelling. In case of emergency, the landlord or letting agency may also enter without prior notice.
In instances where rent remains unpaid for longer than a week, Polar Choice reserves the right to access to the property and remove any tenant belongings.
VII. Repairs and Maintenance
When something in the property needs to be repaired, the member's first step is to provide a written report (by email) of the issue followed by a phone call to a Polar Choice rep. Your description of the issue is invaluable and must include your membership reference and address with a full description of the problem. After giving notice, the member must wait the required time for Polar Choice or the landlord to begin making repairs.
All repairs are dealt with on a priority basis and a Polar Choice representative will be in touch to discuss the problem your call will then be assigned to the maintenance team who will deal with the issue in due course.
Please remember that there are some repairs that are out of our control such as Internet problems, external gas and electric issues and water supply. These repairs are as frustrating for us as they are for you as we are relying on the speed of other companies to resolve issues.
VIII. Moving Out Notice
If you want to finish your membership and move out of a Polar Choice property, a month notice is needed on the date of your previous payment. This notice must be written (by email). It can be done either by the member or by Polar Choice. If you are moving out at the expiration of an agreement you will still need to give a months’ notice. If notice is not given a month before the expiration of the membership, this agreement is automatically renewed.
 If you wish to vacate your room you will need to provide us with an email on the 28th of the month before you wish to move out failure to do so will result in your contract entering a rolling period and you will be charged accordingly.
 If you leave before your membership expires, you are responsible for paying the Membership for the remainder of the term and will lose your deposit fee.
 If you stay beyond the expiration of the lease, Polar Choice reserves the right to charge for the monthly rent as you must be paying the fee on a month-to-month bases.
 If you wish to move to other of our properties or any room within the same property, you must enquiry it first by email so one of our members of staff can coordinate if there are any bookings for the room or property that you are enquiring. You are not allowed to swap rooms in your property without previous notice followed by an authorisation by Polar Choice.
IX. Guest Policy
No guests are allowed to stay at Polar Choice properties without permission of Polar Choice. If Polar Choice is not informed of guests staying at a property further costs will be charged to members including a £25 guest fine, charging your guest for the days of accommodation or even terminating the membership agreement in which case security deposits will not be refunded. DocuSign Envelope ID: 93F0C9FD-2EE6-4462-8E8D-6249C0B088A5
Polar Choice ltd
378 Clapham Road
SW9 9AR
[email protected]
0207 622 8330
4 | P a g e
X. Payments
Rent payments are made monthly and we give you a variety of ways to pay. We must remind you to add a reference to your payment so that we can effectively track it, failure to do so may incur a late charge against your account.
XI. Internet payments or Standing orders:
Pay into - Lloyds Account 02464709, sort code 30-91-54, Polar Choice
Reference - AFORBES
XII. Overseas payments:
Pay into - Swift code: LOYDGB21281
- IBAN: GB15 LOYD 309154 02464709
Reference - AFORBES
XIII. Card payments:
Visit our office at 378 Clapham Road or Contact one of our agents providing your card details.
By Phone - Overseas +44 207 622 8330 UK 0207 622 8330
Reference - AFORBES
Please be aware that the following charges apply when making card payments
 UK DEBIT CARD = £0.50
 UK CREDIT CARD OR INTERNATIONAL DEBIT CARD = 2%
 INTERNATIONAL CREDIT CARD = 4%
XIV. Late Payment Policy
Polar Choice enforces a strict policy on late payment of Memberships and will enforce a charge of £5 per day to the member. We allow a grace period of 3 days however the following charges will apply if no payment is received
 If your account is overdue between 4 and 7 days you will receive a letter with a £25 charge.
 If your account is overdue between 7 and 10 days you will receive a letter with a £50 charge.
 After 7 days we will collect belongings from your room and you will be charged accordingly
When a member is more than one week late, we reserve the right to colelct the payment from the guarantee form, clear the room or collect the tenant belongings. Polar Choice will terminate the membership and begin actions for repossession in this case.
XV. Security Deposits and Debit Cards Guarantees
Security deposits are taken before a member is given access to a property and Polar Choice will hold this deposit in the in the event of damage to the property.
A 3 week deposit is required before keys are given to the member and a debit/credit card details must be provided as a guarantee. Security deposits are refundable under English Law. The law however allows Polar Choice the right to retain part or all of your deposit under certain circumstances. Debit card details are secure and any damages caused to our properties or unpaid fees are charged to the card provided.
You may lose your deposit
 If the Member change its mind before moving in, the deposit WILL NOT BE REFUNDABLE
 If there is outstanding (unpaid) membership fees
 If the unit requires additional cleaning when you move out
 If there are damages caused by you or your guests, exclusive of normal wear and tear
 If furniture furnishings, keys, cutlery or other items belonging to Polar Choice need replacing or restoring DocuSign Envelope ID: 93F0C9FD-2EE6-4462-8E8D-6249C0B088A5
Polar Choice ltd
378 Clapham Road
SW9 9AR
[email protected]
0207 622 8330
5 | P a g e
 If you smoke inside the property
 If you do not give the indicated period notice; you must give ONE MONTH NOTICE to get your deposit back
 If you have failed to provide evidence of student exemptions for council tax.
Please be aware that you cannot use your deposit to cover your rent. Your deposit is given back AFTER you leave the property and bring the keys back to our office before 12pm on the day of expiration. Please note that delays in the check out may incur an additional charge. The room must be left empty and any belongings or food left will be thrown away.
Within 14 days after you move, Polar Choice will send you a full refund of the security deposit or an itemized statement that lists reasons for any deductions from the deposit. The deposits are refunded into the member’s bank account (Please note that it must be a UK based account) or by check. The deposit is not given in cash under any circumstance.
XVI. Smoking Policy
It is forbidden to smoke anywhere inside a Polar Choice property. Both members and guests are asked to smoke outside the property at any time. If Polar Choice is informed of the use of cigarettes or illegal substances inside the property further costs will be charged to the members starting from an initial warning and a £25 smoking fine. The membership agreement may also be terminated and security deposits will not be refunded.
Please note that smoking is banned in all public indoor spaces in the UK since 2007 and we have listed our properties as private shared houses where smoking is not allowed. A £25 smoking fine will be charged as initial warning, if several warnings are needed, Polar Choice reserves it's right to discontinue the membership.
XVII. Heating Policy
We operate a very strict policy in regards to the heating of the houses. With rising fuel prices and the lasting damage to the environment we are unfortunately unable to run the heating in the properties for 24 hours a day. If you or any of the other members change the boiler settings then a £5 charge will be withdrawn from your deposit to cover the cost of the high fuel bills.
You can expect the following heating supply in Polar Choice properties throughout the year.
Spring
March > April
6 Hours Per Day
Summer
May > September
0 Hours Per Day
Autumn
October > November
6 Hours Per Day
Winter
December > February
8 Hours Per Day
We do not advocate electric heaters as these use more energy and are more expensive than gas powered heating systems. If you would like to use an electric heater in your room please speak with your Polar Choice representative and they will discuss with you an extra charge.
XVIII. Storage of Bicycles
No bicycles are allowed to be kept anywhere inside the property. If your property has front/back garden you can store your bicycle in the garden at your own responsibility. If your property does not have a garden you must require previous authorization from Polar Choice in order to store it in the hallway. Any scratches or wall marks will be charged to the cyclists. It is forbidden to keep them in bedrooms or living rooms.
XIX. House Cleanliness, Pest Control & Pets
As members you are required to keep the property clean and free from clutter. One of the more frequent problems throughout London is vermin and disposing of garbage regularly and cleaning up after yourself will prevent vermin from inhabiting the property you occupy. If you do report a problem with vermin Polar Choice will provide traps and poison to eradicate the problem, if however this doesn’t have the desired effect then a specialist exterminator will need to be called if the problem has been caused by poor tenant hygene the bill will be shared between all tenants.
We do not under any circumstances allow pets to stay at properties, if you bring a pet then your membership will be terminated with immediate effect and you will be liable for any subsequent penalties against your account. DocuSign Envelope ID: 93F0C9FD-2EE6-4462-8E8D-6249C0B088A5
Polar Choice ltd
378 Clapham Road
SW9 9AR
[email protected]
0207 622 8330
6 | P a g e
XX. Check in Policy
Polar Choice charges an administrative fee of £30 per person once the membership is signed directly with us. If the member has booked the room trough an agency from overseas, the admin fee may change. If your flight is on a Sunday, the person or company who is doing your airport collection must collect the keys from our office on Saturday and a check in on the following Monday will be arranged.
Q When can I check in?
A Check ins are performed between 14:00 and 18:00 Monday to Saturday.
XXI. Check Out Policy
All members need to pay a fee of £30 per person for your check out Inventory.
Your rent is paid monthly, therefore we do not allow daily payments, if you decide to leave before your rent is due, the rent is still charged monthly; if you decide to stay after your rent is due you will also be charged per month. You cannot make partial payments.
If your flight is on a Sunday a check out on the Saturday will need to be arranged. Only after a Polar Choice representative has visited the room will deposits be returned. It is in your interest to book a check out in advance to avoid conflicts.
Remember that deposits are refunded within 14 days after you leave and are only paid by check or into your UK bank account. No deposits are refunded if the

JACUSTOMER-z5q3gx0f- :

Not sure if that helps

LondonlawyerJ :

Thankyou for that I will answer you later today. Hope that is OK

LondonlawyerJ :

I have just had a look at the agreement. Page 1 seems to be missing and this may explain why I can't find provisions about you terminating her membership or what she is getting for her payments.

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