can you opt out of a student tenancy agreement

[peggy26]

i am a first year uni student, i signed a tenancy agreement in feb2010 for a shared house, i do not have a copy of that agreement, i havnt a signed guarantor form, nor have i completed a direct debit mandate. i am leaving uni next month and not returning as the course i am doing is not for me. student support say i have to pay the £4000 rent for my room which i have no key for and will not be living in. i am so stressed out about this, can anybody advice me

[Gmcd01]

It would seem that you have entered into a contract here. I can't say for sure as there's any number of reasons that the contract may be invalidated, but you not having completed a guarantor or direct debit form are not among them.
It's an unfortunate situation you've found yourself in. Student Support are saying you'll need to pay, which seems correct, if a bit unhelpful of them. However, one of the ways to avoid this is to advertise for an alternative tenant who'll be happy to take your place in the house. Until you do this though, you would remain liable for the rent on a monthly basis yourself. I am presuming that the landlord/university are unwilling for you to simply cancel the contract you signed?

[bednobs]

I know of one person who has successfully managed to get out of their contract, however the reason she wanted to leave was because of unsocial behaviour by her flatmate, who she eventually had to report to the police. It took her several months of wrangling though. On the face of it, you'll have to pay i'm afraid

[peggy26]

i havent started living in the house yet i am still in halls of residence. I have advertised the house to see if i could get another tenant to take my place in july until next june 2011. the letting agency wont tell me if there is a breakout clause in the contract for mitigating circumstances...i really do appreciate anybodys help and advice

[Eve]

You signed a contract so are bound to it unless the landlord/letting agent agrees to let you out of the contract eg by goodwill or if a replacement tenant is found so they do not lose out.

If you signed in February, what has changed so suddenly between then and you now deciding you don't want to stay at uni?

Is it a private landlord/letting agency rather than a university one? You are still bound to the contract but a university one might be easier to liaise with than a private landlord.

Remember that it is not just current students out there but there will be new students looking for accomodation in the summer including postgraduates. Not everyone wants to live in halls in their first year.

Maybe you could have a word with the university housing services who might be able to help find a replacement tenant with enquiries they might have.

[Masked_Landlord_UK]

Your only real option is to find a replacement tenant and hope that the landlord is willing to transfer the tenancy to them. There may be some legal fees for the transfer.

If this doesn't happen, then yes you will be liable. HOWEVER, if later on the landlord finds someone to take your room, than you stop being liable for any further rent afer that time.

Failure to pay will result in a CCJ. A CCJ will make it almost impossible to rent anywhere decent for a good few years, will make borrowing money difficult and expensive and will bar you from some jobs.

[peggy26]

I signed up in feb with my mates...but then I soon realised that I dont enjoy my course or want to be here at Uni. I want to take a year out to think about what I really want to do rather than 'go with the flow'. I have emailed the letting agency informing them of my decision and have asked them to advertise the room, have also advertised the room myself. All this worry is seriously affecting my health!

[Nosha123]

You are going to have to work hard to find someone who will take your place in the house... then release you from the contract...

A life lesson learned here I hope!!! dont make rash decisions that involve money!! OR sign contracts without thinking twice!

[northernmonkey]

Get advice from either a Solicitor or CAB (Citizens Advice Bureau)

[bushbaby_de]

Did you all sign one tenancy agreement or are you all on separate ones? If its a joint one it won't matter if there is a break clause because it would cease the tenancy for all of you. Even if its a individual contract there may not be a break clause and even if there is it won't be exercisable until 6 months into the contract. Most uni landlords are reasonable about letting you find someone to replace you as an informal way of sorting it out, but if it is a joint contract make sure you ask them to cancel the first contract and get everyone to sign a new one, otherwise you will remain liable even if you never move in.