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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter has just moved in to a privately rented property

Resolved Question:

My daughter has just moved in to a privately rented property ready to start her 2nd year at university in Sept 15, along with eight (8) other students. A letter has today arrived from the local authority addressed to the landlord, which he gave his consent to the students to open. In the letter it states that the property owner / landlord will be in breach of planning consent if he permits any more than six (6) people to reside as tenants in his property. The landlord entered in to a contract for a one year's lease and tenancy agreement with my daughter and her eight fellow students, making nine (9) people in total. I've advised my daughter to take a copy of the letter and return it to the landlord, advising him that they shall await his further comment. What are the rights in this case of my daughter and her friends? I have not had sight of the tenancy agreement or if there is a notice period clause. I look forward to receiving your advice. Regards, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you would like to achieve or know please?
Customer: replied 2 years ago.

What rights of occupancy does my daughter (and fellow students) have, bearing in mind the recently received letter they have had sight of from the local authority and that the landlord has agreed a 1 year tenancy agreement for the nine students to occupy his property. Can the landlord simply advise all (or 3 of the 9) to vacate? In all likelihood, what could happen if the landlord simply ignored the letter?

Expert:  Ash replied 2 years ago.
Have they signed anything?
Customer: replied 2 years ago.

They have a signed tenancy agreement for 1 year on the basis that 9 students will occupy the landlords 9 bedroom house.

Expert:  Ash replied 2 years ago.
OK. Has the Landlord signed it? Does she want to back out?
Customer: replied 2 years ago.

Hi Alex, the landlord has signed the agreement. Neither my daughter or any of her 8 fellow students want to back out of the tenancy agreement. They are concerned that as the landlord has been advised by the local authority that as he is apparently in breach of planning consent by renting out his property to more than 6 people that 3 of the students (or all?) will be forced to leave or the landlord may invoke a notice to quit clause. The landlord rented his 9 bedroom house to 9 students and this was clearly known to him from the outset.

Customer: replied 2 years ago.
Relist: Other.
Answer still not received
Expert:  Ash replied 2 years ago.
When you relisted it, the question goes to the back of my list.
If he is in breach of planning, are they content with that? What does the agreement say about cancellation?
Customer: replied 2 years ago.

The property in question has been rented out for at least three years previously, as far as I'm aware, and also to 9 students. I'm not sure what you mean by (my daughter and fellow students) being `content` with the landlords breach of planning as their main concern is staying in the house, particularly as they had considerable difficulty in locating a 9 bedroom property. None of the students wants to vacate. As I haven't had sight of the agreement I cannot comment re cancellation, but would presume, similarly to other AST's that there is a cancellation / notice period type clause. The issue, surely, would be the landlord knowingly renting out his property to 9 people that he would have / may have known is in breach of planning?

Expert:  Ash replied 2 years ago.
Indeed. Well if they are asked to leave by the Council then they can sue the Landlord for breach of contract. So if they have to find somewhere else to live the Landlord would be responsible for any increase in rent they have to pay.
The Landlord has a contract with the Tenants and it is the landlords job to make sure that everything is in order. If not then the Landlord is in breach of contract. The Landlord cant end the agreement early unless the contract allows for it. So you need to check.
But if they do have to leave then they can sue for breach of contract and claim any losses as a result.
Can I clarify anything for you about this today please?
Alex
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