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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice.
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I have a student property that under went renovations and

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I have a student property that under went renovations and was supposed to be finished for students to move into in July. Due to complications with the builder the property was not finished till last week in August. I gave the students alternative accommodation in a similar property on the same street for the 7 weeks the work was being finished. In the contract it states that due to the fact that work is taking place move in dates will change. Now they are refusing to pay rent for july and August stating that no contract was drawn up for the other ou
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: the other house. I have a letting agent that has failed to resolve this issue and the students have involved solicitors. I have offered to forego the august rent as a gesture of good will but the refuse to accept this and are adement the will not pay rent for a house that was not ready or a house they had no contract signed for even though I supplied that alternative accommodation on same street and of the same standard. I need to know where I stand relating to receiving this rent and is it possible to terminate the agreement due to failure to pay rent.
Submitted: 6 months ago.
Category: Property Law
Expert:  Remus2004 replied 6 months ago.

Are you asking if they are liable to pay rent?

Customer: replied 6 months ago.
Expert:  Remus2004 replied 6 months ago.

Is the house substantially different from the one they should have been living in?

Customer: replied 6 months ago.
No. It was the same. mid terraced. they were 5 houses down from each other. 6 bedrooms and it was only renovated in march
Expert:  Remus2004 replied 6 months ago.

In that case they are liable.

There might well not be a formal agreement but there was clearly an agreement. They were living in your house.

It might be a point that they could take if you were trying to rely on the contract to enforce minutia but not to collect rent.

Expert:  Remus2004 replied 6 months ago.

Please don't worry.

They are liable. A court would force them to pay.

Expert:  Remus2004 replied 6 months ago.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
2 of the students moved in to the alternative accommodation and were to pay full rent from July and the other 4 students never moved in but had paid half rent in July as a summer retainer and full rent from August 1st . the accommodation was there there for them but the chose not to take it up.
Is it possible to terminate AST if they refuse to pay
Expert:  Remus2004 replied 6 months ago.

It is not your problem. The property was there for them. If they chose to live elsewhere that is their choice.

Expert:  Remus2004 replied 6 months ago.

You can't just terminate though. This is an AST and you need a court order to evict them.

Customer: replied 6 months ago.
Ok. So my choices are to bring them to court to force them to pay or go to court and get a court order to evict
Expert:  Remus2004 replied 6 months ago.

Yes, wait until they are two months in arrears and then serve the notice on them.

You will be guaranteed a possession order.

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69776
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 6 months ago.
Ok. They already owe me August and September. Thank you
Expert:  Remus2004 replied 6 months ago.

Then you could serve notice using S8 and S21.

You will need a court order but you do have an argument.

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