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Student accommodation.

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lesblue | 09:17 Fri 24th Oct 2008 | Law
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Need a little bit of advice, really. My son is in his second year at University, and shares a flat (above an off-licence) with seven other students. They are having a problem with a neighbour (one who lives above a neighbouring shop). This man has been throwing stones at windows of my son's flat and yelling at them to keep the noise down. This happens at any time of day or night (even when the flats are empty). Police have been informed a couple of times, and have said the incidents have been noted. His actions have been caught on CCTV at the off-licence. The off-licence owner (who also owns the flat) has said they have had previous problems with this guy. I have paid my son's rent by way of four post-dated cheques (one has already been cashed), so my question is: Can I cancel three remaining cheques with bank, and get my son to find alternative accommodation? I have signed a contract for the whole year, and was wondering how I stood. If the off-licence owners had had "previous problems" with this guy, should they not have made it clear before letting the flats? Thanks in advance.
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I take it it is with a private landlord rather than student accomodation services.

It would be difficult to get out of the contract if it has been signed for a set period. Your son could leave but would, depending on the contract, be likely to be liable for the remaining year's rent and could be pursued through the courts for it accruing additional costs.

Bearing in mind it's only October I would think he owes a substantial amount and if others are thinking the same think about leaving then the Landlord would be more likely to take action.

Did he pay a deposit which could be offset?

Some landlords will accept someone leaving if a new tenant is found although with the problems stated it doesn't look very likely.

Has your son spoken to the landlord and to the university about it, they should have someone in student services, usually in the students union who may be able to provide advice and assistance.

He could also try to the local council to see if thay can do anything, especially in the event he is a housing authority tenant.

I'd say first stop would be the students union to get someone who can advise and help liaise with other parties such as the landlord, council, police etc...
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Thanks for that, Jenna. He rents the flat through the Student Accommodation Service (sorry I didn't make that clear). They act on behalf of the off-licence proprietor. They have also been informed, and said they were also unaware of the situation, but as this was the first year that they had this property on their books, they have said there was little they could do. It is with the Students Letting Agency that I have signed the contract, not the owner of shop.
What he should do:
WRITE to the Student Accommodation Service/Student Letting Service and document the incident(s) so that there is a record of his complaint and follow this up with a visit.

Talk to the Student Vice-President (Welfare) in the Student Union.

From my experience, it doesn't matter who owns the flat. The Student Accommodation Service has a duty of care to the students.
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Thanks for that Aprillove. Will get onto that straight away. I think the guy may have drink (or drug) problems, which concerns me, especially as there are times when perhaps only one of the crowd may be in at any one time (possibly one of the girls). I can imagine it could be quite harrowing.
Is it just possible that the 8 students are actually making a bit too much noise? Difficult to say when youre not there yourself I know but maybe the neighbour has a point? Eight students in one flat could drive a lot of people mad!! No excuse for throwing stones however (how do they know he's throwing them when theyre not there though?).

Anyway, just thought I'd ask the question as these things often aren't black and white.
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I did think that myself. But, apparently this happened all through the Summer months (according to the landlady), when the flats were empty. No, I think this guy certainly has issues.
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Twenty20. RE: Throwing the stones. I thought I had made myself clear when I said "his actions have been caught on CCTV".
If the incidence are going on again and again then you must go for alternative Accommodation. Cuz we can not ignore the coming problem with police case involvement.

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