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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47858
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter entered into a contract with a student accommodation

Customer Question

My daughter entered into a contract with a student accommodation company who stated in the contract that the accommodation was only available for full time students. On the conclusion of her three year course the company refused to release her from the contract after being given 2 months notice that she was going to become full time employed and are threatening to take her to court to recover unpaid rent for the period she ceased to be a student to the end of the contract (3 months). Can they force her into breach of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello was there A clause allowing for early termination of the tenancy
Customer: replied 1 year ago.
Not that I can remember, my daughter started her course on a delayed start not September but March and Unite were most accommodating in giving her a room but didn't explain that they had fixed contract periods.
Expert:  Ben Jones replied 1 year ago.
Her rights will very much depend on what the contract said and what she had signed up for. Let’s say that it explicitly said that she can only live there if she was a student and she also signed up for a fixed term. She would be liable for the rent for the full fixed term, even if she was unable to continue living there. The landlord would not have to allow her to live there if she no longer met the criteria she had agreed on when initially signing up. However, it is not as simple as them just making her liable for the rent. They have a duty to mitigate their losses so if they have told her she cannot live there any longer and she has vacated the property, they have a duty to try and find someone to replace her straight away. She should only be liable for the remainder of the rent if they have been unsuccessful in finding someone else to take up her place. So they need to have at least tried to do that. If they go to court they will need to show that they had in fact incurred these losses and their attempts to mitigate had been unsuccessful. Also there is no guarantee that they will go that far – they may have debt collectors in place but they are just there to threaten and be a nuisance, they cannot force her to pay. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Can I go back and read the contract then get back to you if I need more clarification?
Expert:  Ben Jones replied 1 year ago.
Yes of course