Landlord

[Scully]

My son and four friends who rent a house in Newcastle, but are currently back home as instructed by their uni' as it's closed, have been told by their landlord they have to remove all their belongings to make way for extra NHS staff whom are going to need accommodation. Not a problem; son and his mates went back to Newcastle last night ( four hour round trip for two of them ) and vacated the premises.

The two joint owners are disputing the fact they should be reimbursing the lads for the remainder of their lease. They signed a contract but it isn't them who is breach of that contract, and while I'm aware these are unprecedented circumstances, I'm also aware that the landlords will be getting paid for the rooms shortly to be allocated to NHS staff.  Not amused. 

My son has worked it out and he has told me they should be refunded to the tune of around a thousand pounds each. We'll see how this pans out. 

[oowee]

27 minutes ago, Scully said:

My son and four friends who rent a house in Newcastle, but are currently back home as instructed by their uni' as it's closed, have been told by their landlord they have to remove all their belongings to make way for extra NHS staff whom are going to need accommodation. Not a problem; son and his mates went back to Newcastle last night ( four hour round trip for two of them ) and vacated the premises.

The two joint owners are disputing the fact they should be reimbursing the lads for the remainder of their lease. They signed a contract but it isn't them who is breach of that contract, and while I'm aware these are unprecedented circumstances, I'm also aware that the landlords will be getting paid for the rooms shortly to be allocated to NHS staff.  Not amused. 

My son has worked it out and he has told me they should be refunded to the tune of around a thousand pounds each. We'll see how this pans out. 

Cheeky b..... One way or another your son should get a refund even if you have to do it through the courts. As you say it's not your son that's breached. 

[Scully]

My thoughts exactly. Cheers.
I won’t let this go. 

[JDog]

The Tenants should have obtained a signed agreement from the Landlord that they would be reimbursed a set amount before they agreed to remove any belongings.

 

[Scully]

Just now, JDog said:

The Tenants should have obtained a signed agreement from the Landlord that they would be reimbursed a set amount before they agreed to remove any belongings.

 

Thats a fair point, but they're just young lads who probably didn't even give it a thought. 

[TIGHTCHOKE]

Presumably the greedy landlord has seen a chance for extra money!

[Bobba]

These are Observations from a landlord who has by design never had students but who has more than once found it necessary to take tenants to the small claims court.

In my view a landlord cannot profit twice from the same situation. If the landlords refuse to refund the rent (from your post I presume they've paid a period rent up front) then your son and friends should send them a factual letter by recorded delivery. It should evidence the landlords reason for their notice and their case for reimbursement, together with a calculation of the amount due. They should ask the landlords to explain clearly, with reference to the lease (if there is one), why they believe a reimbursement is not due. The students should state clearly that in the event of nil response by the landlord or invalid reasons (in their view) for non payment by the landlords it would leave them no alternative but to proceed to the small claims court. Do not be put off by this it is easy peasy, it's just a slog. They could add that they're also going to the daily telegraph money page for advice and the students union legal section - a three way pincer movement often adds pressure. The reason I advise this is should they commence court proceedings the court will have expected both parties to have attempted settlement before having recourse to the courts.

You do not mention a deposit. Was there one and is it held by the TDS? (Tenants Deposit Scheme) If it's held by the TDS then they generally favour tenants !!! So to an extent they're protected and have indepenent arbitration. If it's in the landlords own account then in their letter the students should also seek the return of their deposit and say that it too will form part of their action in the small claims court.

It's a bit of a chore. But if you're a dog with a bone you can make it fun.

Good luck

[Scully]

4 minutes ago, Bobba said:

These are Observations from a landlord who has by design never had students but who has more than once found it necessary to take tenants to the small claims court.

In my view a landlord cannot profit twice from the same situation. If the landlords refuse to refund the rent (from your post I presume they've paid a period rent up front) then your son and friends should send them a factual letter by recorded delivery. It should evidence the landlords reason for their notice and their case for reimbursement, together with a calculation of the amount due. They should ask the landlords to explain clearly, with reference to the lease (if there is one), why they believe a reimbursement is not due. The students should state clearly that in the event of nil response by the landlord or invalid reasons (in their view) for non payment by the landlords it would leave them no alternative but to proceed to the small claims court. Do not be put off by this it is easy peasy, it's just a slog. They could add that they're also going to the daily telegraph money page for advice and the students union legal section - a three way pincer movement often adds pressure. The reason I advise this is should they commence court proceedings the court will have expected both parties to have attempted settlement before having recourse to the courts.

You do not mention a deposit. Was there one and is it held by the TDS? (Tenants Deposit Scheme) If it's held by the TDS then they generally favour tenants !!! So to an extent they're protected and have indepenent arbitration. If it's in the landlords own account then in their letter the students should also seek the return of their deposit and say that it too will form part of their action in the small claims court.

It's a bit of a chore. But if you're a dog with a bone you can make it fun.

Good luck

Yes, they have paid a deposit. 
You're a star, your advice is much appreciated. Thankyou. 👍

[Bobba]

You're welcome. A periodic update of progress would be of interest.  Thanks (dog with a bone - it's in the blood)

[Lloyd90]

1 hour ago, TIGHTCHOKE said:

Presumably the greedy landlord has seen a chance for extra money!

 

Possibly, or are they giving it to NHS staff for free?

 

Regardless, the lads had a tenancy in place. Have they signed anything etc to give up that tenancy? If not, text the landlord and say that they will be moving back into the property asap, and he absolutely does not have their permission to go inside THEIR HOUSE. Tell him to get an eviction order... bet their deposit will be back before next week. 

[12gauge82]

9 minutes ago, Lloyd90 said:

 

Possibly, or are they giving it to NHS staff for free?

 

 

It's not free if they're ripping off a couple of young lads to do it though.

[Scully]

19 minutes ago, Bobba said:

You're welcome. A periodic update of progress would be of interest.  Thanks (dog with a bone - it's in the blood)

Will do. 👍🙂

[Westley]

I think that the current situation is going to be VERY profitable for some. I have 2 Grandaughters who are at present working from home, other than taking that work in and collecting more on 1 day per week, they have made sure the work has been completed. They have both been told that in a 'couple of weeks' they could be made redundant. You can bet that the respective Companies will still be claiming their wages though. We shall see what course of action is open to us as things develop. 

[Lloyd90]

2 minutes ago, Westley said:

I think that the current situation is going to be VERY profitable for some. I have 2 Grandaughters who are at present working from home, other than taking that work in and collecting more on 1 day per week, they have made sure the work has been completed. They have both been told that in a 'couple of weeks' they could be made redundant. You can bet that the respective Companies will still be claiming their wages though. We shall see what course of action is open to us as things develop. 

What do you mean claiming wages? Off the government? 
 

I have no doubt some might try it on, but bet the government would make an example out of anyone trying to take advantage of them during these times. 
 

 

 

[enfieldspares]

Anyone who wants to see the lowest of the low in action Google Tim Martin - Wetherspoon - Tesco. 

[Lloyd90]

3 minutes ago, enfieldspares said:

Anyone who wants to see the lowest of the low in action Google Tim Martin - Wetherspoon - Tesco. 

Hmm not sure about that. It appears he has said, he cannot guarantee their wages until the government sorts out the 80% of wages promise. 
 

He’s also said if staff want to stay home and claim that he’s fine with it, but also said the supermarkets are looking for workers, and id anyone wants to take up a job elsewhere he supports it.

 

Then he says once things are back to normal, they will all be given first choice on their jobs back. 
 

The shocker headline “Tells them to go work at Tesco’s” isn’t quite the full story here to be fair 😬 ... lots and lots of companies are laying off staff in droves. 

[Westley]

16 minutes ago, Lloyd90 said:

What do you mean claiming wages? Off the government? 
 

I have no doubt some might try it on, but bet the government would make an example out of anyone trying to take advantage of them during these times. 
 

 

 

We shall see  ?

[Diver One]

Also mention that your son will report them to the Student Accomodation office

[Jim Neal]

If the landlord hasn't placed their deposit money into one of the government-approved schemes he's screwed big time.  This is a massive stick to beat him with if that's the case, you've got him game set and match.  The fine is pretty hefty.

When a tenancy is taken out, the landlord is obliged to provide the tenant with paperwork showing them where the deposit money is lodged.  At the end of tenancy any amounts withheld by the landlord have to approved by the tenant before the money is released.  It's all stacked WAY in favour of the tenants, not only for deposits but the whole legal system surrounding tenancies.

As a landlord myself, I am fully in support of making things fair for tenants, but it does mean you're laid open to p#$$ takers who can literally bankrupt you.  Bit of a rat's nest but get legal advice and your lads should be OK

[TIGHTCHOKE]

8 hours ago, Lloyd90 said:

Hmm not sure about that. It appears he has said, he cannot guarantee their wages until the government sorts out the 80% of wages promise. 
He’s also said if staff want to stay home and claim that he’s fine with it, but also said the supermarkets are looking for workers, and id anyone wants to take up a job elsewhere he supports it. Then he says once things are back to normal, they will all be given first choice on their jobs back. 
The shocker headline “Tells them to go work at Tesco’s” isn’t quite the full story here to be fair 😬 ... lots and lots of companies are laying off staff in droves. 

Shocker Headline indeed, poor "journalism" I would say.

At work (350) employees, everybody that can work from home is doing so, the guys on the shop floor are carrying on and so far 20 or so have decided to go home and self isolate. They know their jobs are safe and that they will get paid. When this is all sorted and we come out the other side, hopefully we can look back and remember the good people and the USELESS PitA's!

[The Heron]

The importance of getting things in writing cannot be under estimated