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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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It was brought to my attention on the 24th January via email

Customer Question

It was brought to my attention on the 24th January via email (*****@******.***) that I had outstanding fees for my accommodation at Plumpton College in the region £994.92. I vacated my shared room (CW7) on the 3rd October with the belief that upon vacation, I would only have to pay the two months accommodation charge if the room had not received a new occupant within the allotted two month period. I have had reason to believe that such requirements were met as it was clear that the room was occupied at least two weeks after being withdrawn from residency.
Based on this premise, I was under the impression that the above fee did not have to be paid due to the presence of a new occupant in (CW7). However, I have received several emails from the Plumpton College finance department stating that the fee is still overdue. I enquired at student services regarding this matter and was informed that in order for the outstanding fee to be dismissed all of the female accommodation must be occupied, thus, contradicting the earlier statement.
It has also come to my attention, that other residents have evaded this fee due to their inability to pay or simply due to disorderly conduct, resulting in the individual to become expelled from residency without any financial obligation.
However Plumpton College has produced evidence of the terms and conditions concerned with residency, accompanied with my signature agreeing to the residency requirements. It must be understood that the outstanding payment is substantial given the that I was only in residency for a one month period (residential move in date was 3rd September 2017), this in conjunction to the other allowances discussed creates, what I believe, an unfair situation given I had not created any misconduct to the terms of residency this year or the previous years during occupancy and yet I am still faced with this obligation.
Submitted: 18 days ago.
Category: Law
Expert:  F E Smith replied 14 days ago.

If you are saying that they are now looking for money in respect of a period where you had vacated the property and that you would have been liable if it was still empty and you accept that, BUT that before the end of the period (that you would be liable for in respect of the 994.92) they had a new student in the accommodation who is presumably paying rent and therefore, they would in effect to be getting paid twice, then they are not entitled to recover rent from the tenant in occupations and also payment from you under the terms of your rental agreement.

It doesn’t matter whether you have disorderly conduct or can’t pay or can pay or you are a multimillionaire, they are not entitled to be paid twice for the same accommodation,

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.