Student Accommodation Grief

[David_D]

I think I know the answers but would be grateful for any views/advice.

My nephew had his university accommodation sorted for the coming year through an agency I'll call ABC Ltd. He and his mates had chosen a property over a cheaper one adjacent because ABC Ltd were said to be a good agent.

Today he gets the following in an email from ABC Ltd:


Hello,

We are writing to you to inform you of a change of ownership to your property, from today the new owner of your property is a company called DEF Ltd and they will also be managing your property going forwards. DEF Ltd will be in touch with you via email later today.

What does this mean for you?

• If you are a tenant whose tenancy is coming to an end before the 20^th of September 2019, then please still hand in your keys to the ABC Ltd office as you were planning to and we will pass them to your new landlord on your behalf. If you have any issues with your property between now and the end date of your tenancy then you should contact DEF Ltd directly using the contact details that they provide you with when they contact you later today. All ongoing maintenance will be handed over to DEF Ltd and they will be assisting you with any property issues going forwards. If you have any remaining rent payments to make, we advise you to contact your bank to cancel the Direct Debit you have set up with ABC Ltd. DEF Ltd will also be handling the return of your deposit when your tenancy ends

• If you are about to move in to your new property then you will still pick up your keys from the ABC Ltd office, if you are there first before your housemates, you will be given all of the sets of the keys for the property. You will be required to pay all future rent to DEF Ltd and we advise you to contact your bank to cancel the Direct Debit you have set up with ABC Ltd. Please be advised that your deposit will be transferred to DEF Ltd and they will provide you with proof they have re-protected it in accordance with the law in due course.

• If you are mid-tenancy, you will be required to pay your next rent to DEF Ltd and to contact them with all issues with your tenancy going forwards. For your peace of mind, we advise you to contact your bank to cancel the Direct Debit you have set up with ABC Ltd. If you have any issues with your property between now and the end date of your tenancy then you should contact DEF Ltd on the contact details that they provide you with when they contact you later today. All ongoing maintenance will be handed over to DEF Ltd and they will be assisting you with any property issues going forwards. Please be advised that your deposit will be transferred to DEF Ltd and they will provide you with proof they have re-protected it in accordance with the law in due course.

We would like to thank you for being our customers, wish you good luck for the future and hope that you enjoy the remainder of your tenancy.

DEF Ltd have a pretty woeful reputation and internet reviews suggests that they will do anything to charge and overcharge for services, etc..


Given the timing, I suspect there is little chance of finding somewhere else but my questions are:

(1) Is there any "come back" on the landlord (original owner) with whom the lease was signed months ago? They have an agreement to provide the property until July (or whenever) next year and they have sold it.

(2) Presumably, as the lease is 'consumer', rather than commercial, the lease that has been signed can't simply be transferred to DEF Ltd as the new owner without the consent of my nephew and his friends, so their obligation under the lease that they signed ceases. (And, indeed, is DEF Ltd even under an obligation to offer a new/"replacement" lease on the same terms?)


I appreciate that there may be something in the original lease (that purports) to deal with the situation but I have yet to see the lease and then, in any case, the further question would be whether all the lease terms are enforceable.

Thanks for any input!

[dandanthewatchman]

No come back on original owner

Lease is automatically transferred when the freehold was sold.

It’s how property works.


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[Sean89]

What kind of charges and fees are they known for?

My advice is just when the tenants move in they make a very very overly pedantic inventory of all the issues. Every mark on the walls and carpets etc.

The deposit for the property should be held in a scheme likely the DPS. if they try to make deductions at the end you can challenge it - you just need to the evidence so be prepared when they move in and move out to keep track of everything and take photos.

[Dave O'Sullivan]

What kind of charges and fees are they known for?

My advice is just when the tenants move in they make a very very overly pedantic inventory of all the issues. Every mark on the walls and carpets etc.

The deposit for the property should be held in a scheme likely the DPS. if they try to make deductions at the end you can challenge it - you just need to the evidence so be prepared when they move in and move out to keep track of everything and take photos.

Good advice.

And email the photos to yourself so there is proof of when they were taken.

[Itizme]

What kind of charges and fees are they known for?

My advice is just when the tenants move in they make a very very overly pedantic inventory of all the issues. Every mark on the walls and carpets etc.

The deposit for the property should be held in a scheme likely the DPS. if they try to make deductions at the end you can challenge it - you just need to the evidence so be prepared when they move in and move out to keep track of everything and take photos.

This^^
Good advice.
Some lads my son knows have just vacated a shared uni property and the landlord tried to withhold all their deposit, citing the usual bs. The only reason he backed down was because they showed the letting agent some date stamped social media post from the day they moved in showing the damage was pre existing.

[IAmATeaf]

I’ve told all 3 of my kids to to be over pedantic and take loads of pics and then submit them to the agent. I’ve also told them to move anything that can be moved to check under and flip the mattress over to check the state on the other side.

The agents tried to sting my daughter for a cigarette burn on the carpet under a dressing table, we didn’t have a picture but I asked them for a picture of the room showing the dressing table area to be free of any burns which they couldn’t provide. In another let they tried to charge for a missing radiator cap, luckily pictures showed the cap was already missing.

[number2]

TBH taking photos at move in should be done by all parties.

[Kitz]

The advise about the inventory is spot on . The owner of a real life ABC letting agency died recently. The other point to remember is that there is usually a joint liability for damage .


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[David_D]

No come back on original owner

Lease is automatically transferred when the freehold was sold.

It’s how property works.

I think I've seen that in a commercial context but I thought that a "consumer" contract (presumably some form of Assured Shorthold tenancy) might be different.

[David_D]

Thanks for the replies.

Defence is definitely the best form of attack and having a detailed condition report upfront seems like a very sensible move.

[dandanthewatchman]

I think I've seen that in a commercial context but I thought that a "consumer" contract (presumably some form of Assured Shorthold tenancy) might be different.

afraid not

sorry if my reply was short ...I didn't have time to elaborate.

But it has to be the case, because otherwise a property owner would find it impossible to sell a property - he would have to wait till it was vacant. most buyers are happy/want the tenant in situ.

there are some protection on the deposit which must be transferred to the buyer's Tenancy Deposit Scheme

[justin44]

We have a flat we rent to students, I agree with all above but plus 1, yes take photos of everything the day you move in but while it’s empty, then put the memory card or copies in an envelope and post it recorded to yourself, if ever there is n argument about damage show a copy, if they still argue get a solicitor to open the sealed, dated envelope.

When you move out, clean and clean again, everything!

[David_D]

afraid not

sorry if my reply was short ...I didn't have time to elaborate.

But it has to be the case, because otherwise a property owner would find it impossible to sell a property - he would have to wait till it was vacant. most buyers are happy/want the tenant in situ.

there are some protection on the deposit which must be transferred to the buyer's Tenancy Deposit Scheme

Thanks. Interesting to know. Given the timing, nephew and mates were stuck with it anyway as no time to find something else!