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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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MY SON IS AT UNIVERSITY & HE SIGNED A CONTRACT

Resolved Question:

MY SON IS AT UNIVERSITY & HE SIGNED A CONTRACT FOR STUDENT ACCOMODATION FOR TWELVE MONTHS LEAVING A £250.00. DEPOSIT WITH A COMPANY ACTING AS A MANAGMENT AGENCY FOR THE LANDLORD, AFTER SIGNING HE WENT HOME AND THOUGHT IT THROUGH AND REALISED HE COULD NOT AFFORD IT. THE NEXT DAY HE RETURNED TO THE OFFICE AND ASKED FOR HIS DEPOSIT BACK AS HE HAD CHANGED HIS MIND, HE WAS TOLD IT WAS TOO LATE AS THE PAYMENT £250.00.) HAD BEEN PROCESSED.HE HAS LEFT THE ACCOMODATION BUT THE AGENCY HAVE STATED THAT HE HAS TO PAY ALL OF THE RENT FOR TWELVE MONTHS. WHEN HE FIRST INQUIRED AT THE AGENCY OFFICE REGARDING RENTING ACCOMIDATION FROM THEM ONE MEMBER OF STAFF STATED THAT HE NEEDED TO ACT FAST AS THEY WERE MUCH IN DEMAND AND ASKED HIM TO SIGN BEFORE HE SAW THE FLAT WHICH FOOLISHLY HE DID. WHEN HE ASKED FOR HIS DEPOSIT TO BE RETURNED WAS HE ENTITLED TO 'COOLING OFF' PERIOD.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Cooling off periods don't apply to rental contracts I'm afraid unless you agree them.
They are right to the extent that he is liable and cannot lawfully leave.
However, they have a duty to mitigate their loss by seeking a replacement tenant and so it is not likely that he would be liable for the full 12 months. It would take them a month to two months to let this property and he is only liable up until the point where a replacement is found.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
YES JO CAN YOU CLARIFY REGARDING A REPLACEMENT TENANT DO THEY HAVE TO FIND ANOTHER TENANT AS THE HAVE ASKED MY SON TO FIND A TENANT TO REPLACE HIM ?.
Expert:  Jo C. replied 1 year ago.
It is in his interests to try to find a replacement but if he cannot they have to mitigate their loss by seeking a replacement. If they or he cannot then he is liable up until the point that a replacement is found.
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