Do I have any rights to a breached tenancy agreement as a student?

[alburt]

I am a student in Southampton, and last November I signed a contract for a property for the next academic year. Myself and the other tenants agreed with the company (Posh Pads) that the interior and exterior of the property would be decorated by the 1st of August and this was included in the contract which was signed by us all. I have just been contacted by the company saying that the exterior decorating will not be done in time as they have left it too late to get it done within the next 2 days... and I am so angry as they expect us to stick to our side of the contract but they are breaching their side! I have spent the whole day on the phone to them and have been told that they will do it within the next month and there is nothing more they can do.. I asked if I could speak to the manager (who was the person that added the decoration to the contract and promised us himself that it would be completed) but the receptionists will not give out his details so there is nothing more that can be done.. I was just wondering what rights I have as a 19 year old student with little money for legal fees. I was hoping they may decrease the rent of the property for the next month or something... or if I withdrew my direct debit/moved out, would there be any legal action the can take considering they have broken their side of the contract? Thank you

[curadhan74]

I am a student in Southampton, and last November I signed a contract for a property for the next academic year. Myself and the other tenants agreed with the company (Posh Pads) that the interior and exterior of the property would be decorated by the 1st of August and this was included in the contract which was signed by us all. I have just been contacted by the company saying that the exterior decorating will not be done in time as they have left it too late to get it done within the next 2 days... and I am so angry as they expect us to stick to our side of the contract but they are breaching their side! I have spent the whole day on the phone to them and have been told that they will do it within the next month and there is nothing more they can do.. I asked if I could speak to the manager (who was the person that added the decoration to the contract and promised us himself that it would be completed) but the receptionists will not give out his details so there is nothing more that can be done.. I was just wondering what rights I have as a 19 year old student with little money for legal fees. I was hoping they may decrease the rent of the property for the next month or something... or if I withdrew my direct debit/moved out, would there be any legal action the can take considering they have broken their side of the contract? Thank you

Interesting situation. There is a difference between the basic tenancy agreement and the finer details. Although you may challenge the landlord in court for failing to decorate you may not succeed and it will cost you far more than it is worth. The landlord will no doubt tell the court that the work has been delayed due to bad weather or similar and he always intended to do it. I assume you are either paying rent or a retainer. If you break the contract, for any reason, you will be at fault and the agency and landlord will pursue you for outstanding rent/fees and blacklist you. At best this will affect your credit rating and at worst you will have a court order for payment plus costs to contend with. So, although you are peeved, and rightly so, about the lack of decoration you have to consider what the remaining deal is. If everything else is ok then it would be wise to grin and bear it. You can still bend the agent and landlord's ear and tell them that you will tell all your student friends and the uni. Bad publicity costs them custom.
BTW Posh Pads are required by law to provide you with the landlord's name and address if you haven't already got it.

[fitche]

You could 'all' refuse to move in because the agency has breached the contract.

However, if even one of you moves in, then all will become liable for the rent on the place.

You can try and negotiate a reduction in rent, if you can't agree something, you could *all* take it to court on the basis that an undecorated place is worth less than a newly decorated one - you'd get that difference for the period the place is undecorated. It would be dealt with on the small claims track, where solicitors aren't required.

It won't be much, and TBH, as 2nd year students, you have more important things to worry about unless you are law students (just about to start my 2nd year too).