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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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my daughter signed a contract for student accommodation to

Customer Question

my daughter signed a contract for student accommodation to come into effect on 1st August 14. She paid £100.00 admin fee. Due to unforeseen circumstances she is now not going to be at the uni next term. She contacted the landlord on 26/6/14 and told them she is no longer able to take the room. They have told her that she is liable for any rent until they can find another tenant for the property. The contact document states the term starts on 1st August 14 and the contract is dated 1st August 14 as is my guarantor document. Would she really be liable for rent for a property in which she never moved into and according to the contract the contract does not come into effect until 1st August 14. I would appreciate your help please before I contact the agents thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I'm afraid the simple answer is that she is. There is no way around it. She is locked into a contract. Whether she lives in it or not is her choice. I understand its not possible for her but that is not of the agent's creation.

They are under a duty to mitigate their loss by seeking a replacement and they will not get forever to acheive that. In fairness, they do have 6 weeks or so which is usually long enough.

However, on your substantive point, if they cannot replace her and they can prove in court that they have looked and cannot find another tenant, then she is liable I'm afraid.

I'm very sorry but I have to give you realistic information.

Can I clarify anything for you?