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View Full Version : Allowing my flatmate to stay on an extra 4 days but not me, what can I do?



glittersprite
17-08-2011, 11:29 AM
Hi,

I'm just wondering if you could advise me as property is something I know nothing about. Sorry if this is long.

I have been staying in unite student accomadation for the past year (http://www.unite-students.com/?utm_source=google&utm_medium=cpc&utm_term=unite&utm_campaign=Brand%20-%20Unite&gclid=COzagMqP1qoCFUcMtAoduBiU7Q) and my tenency is from the 12/09/2010 to the 27/08/2011.

There are 5 of us in a flat sharing a communal area. We applied to stay on for another year but were unable to as they only allow a certain number of flats to do this due to a large number of first years coming in.

That was fine and we went out and found an affordable 5 bed house with a reputable letting agent (being in London this took some time). However upon going to sign the contact last week we were told we wouldn't be able to move in until the 31st - 4 days after my tenency with unite ends.

All my flatmates had planned to get their parents to move their possesions out and home for the summer anyway, however this was not really a possibility for me as I live near the scottish borders, neither my parents or I drive and I find it difficult being at home due to my mothers metal illness. So I was banking on a cross over of tenencys and we were told when we viewed the house that there probably would be.

At the beginning of summer one of my flatmates dad broke his foot and she was unable to move her possessions out on the date she had planned so her mother called and asked unite for an extension to the tenency to the 31st August to which they agreed no problem.

However when I asked them for an extension for the same time period they declined on the grounds that my circumstances were not 'unforseen' like my flatmates even though I was not aware of the 4 day gap until last week. Tbh the lady on the desk seemed to think I had 'planned' it - with us being in the same flat and moving into the same house but thats not the case. Over the year i've also complained to the same lady (politely) on the two occasions that she left my room unlocked after inspections so it may be that she has a negative view of me.Other than that i've always been a good tenant and my room is clean and undamaged. The new tenants are not due to move in until the 12th of September.

I'm really panicking about this as it's quite possible that me and my things are going to be made homeless soon and i've no idea what to do. I understand that I probably can't argue with them but it's frustrating that they were willing to extend my flatmates tenency but not my own. If I was forced to stay there would they be able to evict me in those 4 days?

Thanks for reading :)

MrJohnnyB
17-08-2011, 11:42 AM
If you don't leave on the leave date, what are they actually going to do? Can you not move into the new place a bit earlier? Have you even asked?

jjlandlord
17-08-2011, 11:42 AM
What sort of tenancy are we talking about? Standard AST?


If I was forced to stay there would they be able to evict me in those 4 days?

Evicting someone takes a court order and its enforcement by bailiffs.
With that in mind I'm sure you'll understand that it would take much longer than 4 days.

glittersprite
17-08-2011, 11:56 AM
Thanks for the quick replys :)


Can you not move into the new place a bit earlier? Have you even asked?

This was the first thing I thought of but they said house needs a bit of work doing to so they didn't think it would be possible before the 31st. They said if that changes then they're going to let me know.


What sort of tenancy are we talking about? Standard AST?


tbh i'm not sure, i'll try and root out my paperwork and find out.



Evicting someone takes a court order and its enforcement by bailiffs.
With that in mind I'm sure you'll understand that it would take much longer than 4 days.

Thanks, I think I just had visions of them charging in one day and kicking me and everything out.

glittersprite
17-08-2011, 17:06 PM
Right I've had a look at things and I think it is an AST -

http://www.unite-students.com/unite-stage2/static/england-termsandconditions.page

Looking through it all this worried me a bit -

"3.21 Deliver the Room, the Contents and the key to the Room/Flat to the Landlord at the end of the Tenancy Period in the same condition as recorded in the inventory and, by no later than the Tenancy End Date, clear the Tenant’s own belongings from the Room and the Flat Common Parts. To the extent that the Tenant fails to remove his/her belongings from the Room and the Flat Common Parts by the Tenancy End Date, the Landlord shall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without any liability whatsoever to the Tenant"

Does that mean they could remove my possessions without a court order?

westminster
17-08-2011, 17:27 PM
Please tell us:

Is the property in England/Wales?
Do you have an individual contract for your room (as opposed to a joint contract with all five of you on the same contract)?
Who is named as landlord, is it a private company?

glittersprite
17-08-2011, 17:37 PM
Please tell us:

Is the property in England/Wales?
Do you have an individual contract for your room (as opposed to a joint contract with all five of you on the same contract)?
Who is named as landlord, is it a private company?

Hi,

The property is in England.
We are on an individual contract for the room.
I believe the UNITE group plc are the landlord so it's a private company.

thanks :)

westminster
17-08-2011, 17:42 PM
Right I've had a look at things and I think it is an AST -

http://www.unite-students.com/unite-stage2/static/england-termsandconditions.page

Looking through it all this worried me a bit -

"3.21 Deliver the Room, the Contents and the key to the Room/Flat to the Landlord at the end of the Tenancy Period in the same condition as recorded in the inventory and, by no later than the Tenancy End Date, clear the Tenant’s own belongings from the Room and the Flat Common Parts. To the extent that the Tenant fails to remove his/her belongings from the Room and the Flat Common Parts by the Tenancy End Date, the Landlord shall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without any liability whatsoever to the Tenant"

Does that mean they could remove my possessions without a court order?
No. The landlord has an inescapable duty of care towards a tenant's belongings (if left behind after a tenancy ends). However, the LL would not need a court order to deal with the belongings - he would have to serve notice(s) to the ex-tenant, asking him to collect, and after a certain period had expired he could at that point dispose of the uncollected belongings.

Also note that, if you do have an AST, (and it sounds like you do), then the tenancy cannot be unilaterally ended by the landlord except by serving notice under s.21 or s.8, applying for a possession order etc. If an AST tenant is in occupation when the fixed term expires, a statutory periodic tenancy will automatically arise, by law (a.k.a. a rolling contract).

So, basically, the LL can't just kick you out when the fixed term expires and/or dispose of your belongings. However, if you do stay in occupation for those extra four days, you'd be liable for rent for at least another month, because notice in a periodic tenancy is at least one month, also expiring at the end of a tenancy period - so it could be cheaper to stay in a b&b.

glittersprite
17-08-2011, 18:25 PM
Thanks alot for the advice. Staying on is a last resort, I was just wanting to know where I stood if it came to it.

mariner
17-08-2011, 23:44 PM
Put your contents in storage, & stay in B&B for few days or phone a friend.