My grand-daughter is in her 2nd year at Uni and along with 4 other girls they are all sharing a house, they all signed separate fixed term agreements for the tenancy from 08/07/08-05/07/09. They all paid �2016 in 3 equal instalments by post dated cheques plus 1 pot-dated cheque for a summer retainer of �240. They all want to move in on the 8th July but they have been told they can't move in untill 14th July.
1) Is the landlord breaking his agreement by not letting them move in till 14th 2) Is he breaking the law by asking for post-dated cheques 3) Can any of the girls claim any monies back
He says he is doing the previous tenants a favour by letting them stay there for graduation week now my grand-daughter is panicking because she is due to start a part-time job on the 10th and she has nowhere to stay
sounds like the landlord's broken the tenancy contract before it starts. However, this is a civil case, and by the time your granddaughter gets to a solicitor, sues the landlord and gets anything sorted it will be way past the date.
All cheques are post dated - they could be cancelled without fuss.
Of course he has broken the agreement. If he signed an agreement for tenancy from the 8th and isn't letting them in now until the 14th then it's as clear a breach as you could possibly get.
What you can do about it is another matter mind you? I'm not a lawyer so I wouldn't know. I would have thought at the very least a refund of a week's money would be due to each girl. Presumably if the worst came to the worst she could stay in a local b&b for four nights?