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Hi thank you for your message and posting the clauses, does 7.8 refers to the obligation to pay rent? Looking at 7.9, as you indicate this gives you an opt out unless you requested the relocation which I understand you did not. You mentioned the small claims have you paid money under the contract already?
Hi thank you for your message, they cannot use 7.8 because as you state it is overridden by 7.9. With that being the case, you can cancel the agreement. If as you say they refuse to pay you then you can take them to small claims for the money and this is a relatively quick process. To do this, I would recommend that you send them a letter before action to demand payment of the money within 14 days and say that if they do not pay you, you will issue county court proceedings against them.You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss (ie the date you first requested the refund) to date of court judgment. The site allows you to calculate the interest and add it to the claim.If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee, as a student you should be eligible for this.If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Hi thank you for your message, it does not matter if 7.10 applies because as it states 7.10 i.e. the right of the landlord to provide alternative accommodation is subject "always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.8)". Therefore even if 7.10 applies this is subject to you being able to terminate the tenancy and not pay the rent/fees set out in 7.8 anyway. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.