tag:blogger.com,1999:blog-22617683.post8777687062898288776..comments2023-08-15T12:32:37.166+01:00Comments on The Landlord Law Blog: Tenancy deposits with student letsTessa Sheppersonhttp://www.blogger.com/profile/09661168506904640975noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-22617683.post-44648371396064372242009-07-01T11:22:29.345+01:002009-07-01T11:22:29.345+01:00I am a bit surprised at the suggestion that “Roger...I am a bit surprised at the suggestion that “Roger” couldn’t quickly find a suitable replacement student tenant because student A’s mother and father have died in a plane crash and so he wants to delay going to Uni for a year. Lets remember this is all a couple of weeks before the AST has been signed. I don’t know of any student town where demand for good quality student accommodation does not outstrip supply so your suggestion that Roger will miss out on income for the academic year cos he can’t let the room etc is a bit far fetched – so the potential for loss to Roger to which you refer is in fact likely to be minimal if not zero, rather than “far more than the amount of the deposit”. (I note the money is now being called a “deposit”)<br /><br />An alternative scenario, lets assume that Roger decides that he wont wait for the student A guarantors to sign the form because he now wants to Let the room/property to his best mates son so tells Student A that the deal is off – on the basis that any contract (and lets not forget that there is a contract if money has exchanged hands as a consequence of an offer and acceptance no matter what you call the piece of paper) must be fair and balanced (e.g. it works both ways in similar circumstances) and using your principle which applied to student A previously when he pulled out then Roger will now similarly presumably be liable to pay costs/losses of student A finding new accommodation - oh he cant because there is not enough property - so he has to stay in a hotel for the academic year – going to cost Roger a lot in compensation for pulling out!<br /><br />As I said, any document which purports to blanket claim that pre tenancy money is unilaterally “non-refundable” must be very carefully worded so as not to fall foul of the various and extensive parameters of the UTCCRs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-46436257353435533152009-06-26T13:09:38.373+01:002009-06-26T13:09:38.373+01:00If a landlord (specialising in student lets) loses...If a landlord (specialising in student lets) loses the opportunity to let to other student tenants, because he is reserving the property for tenant A, then it is only right that if Tenant A decides he no longer wants to rent the property, he should suffer some penalty. <br /><br />If the landlord has lost the opportunity to let to students for that academnic year, his potential losses will be far more than the amount of the deposit.Tessa Sheppersonhttps://www.blogger.com/profile/09661168506904640975noreply@blogger.comtag:blogger.com,1999:blog-22617683.post-17215721764183400442009-06-26T12:10:13.156+01:002009-06-26T12:10:13.156+01:00Except of course any such document or receipt whic...Except of course any such document or receipt which purports to take any money from a prospective tenant as "non-refundable/non returnable" would be subject to stringent examination under the Unfair Terms in Consumer Contract Regulations and unless extremely carefully worded would without doubt be challengeable and potentially unenforceable under the Regs. People, even tenants, are entitled to change their minds (without incurring disproportionate penalties) before committing to a contract.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-79975441510653214492009-06-25T00:16:50.311+01:002009-06-25T00:16:50.311+01:00That sounds right. The sum in question is what sho...That sounds right. The sum in question is what should properly be called "earnest money" rather than a deposit and would not be a deposit within the meaning of the Housing ACt 2004.Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.com