This can't be legal...
 

[Closed] This can't be legal can it?

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Daughter is in Unite Student accomidation in Manchester. Theres 400 students in the block. They've just been told they all have to be out by the 31st of May so planned refurbishment can be carried out. This is the first we've heard of them having to be out before the end of their tenancy. To complicate matters my daughter is only 17 as she's at dance school. She's in a flat with other students from her school. They are offering accommodation in other buildings but wont keep current flat mates together. This means my 17 year old daughter could end up in flat of strangers in their 20s.

Apparently there is a clause in the contract but I'm sure it's not intended for planned refurbishment, probably for major structural issues, not for this.

The arrogance of this beggars belief although Unite have form for treating the students like cattle. I can't see them rehoming 400 students in 4 weeks. I am fuming and have no idea how to challenge this. If we don't cooperate she may end up miles from the dance school which is currently a 5 minute walk from the accommodation.

 
Posted : 04/05/2022 9:06 pm
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Depends on the contract

 
Posted : 04/05/2022 9:13 pm
 xora
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Probably isnt!

BUT they can afford lawyers, can you?

 
Posted : 04/05/2022 9:15 pm
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This is the first we’ve heard of them having to be out before the end of their tenancy.

Before going mental, can you check this. My daughter got in a fix wrt Uni applications over a missed email (thankfully sorted now). Are you sure she's only getting less than 4 week's notice?

Apparently there is a clause in the contract

I'd suggest getting and reading the contract. And whatever the clause "is intended for" what can it be used for?

 
Posted : 04/05/2022 9:22 pm
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It's unfortunately 'Private' Accomodation.

She's best, with others, get in touch with their SU for pressure - it's a crap situaton, but they need to check the T&C's as it's not MMU/UOM etc owned property.

It's a bad time of year with exams etc, and if a Health/Education course, they will be in Uni for much longer.

I'd see if the Uni can put some pressure on the private place.

PS which Unite property in Manchester ? PM me @STUMPY just for pointers as I work at a Uni... this isn't acceptible...

 
Posted : 04/05/2022 9:24 pm
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Read contract carefully first.
Contact daughter's course leader/head of faculty to raise concerns about duty of care.

Edit: why has the refurb work been scheduled to start before the end of the academic year?

 
Posted : 04/05/2022 9:26 pm
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Edit: why has the refurb work been scheduled to start before the end of the academic year?

Corporate clients in during summer?

 
Posted : 04/05/2022 9:37 pm
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I'd like to know which Property....

 
Posted : 04/05/2022 9:43 pm
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She's at Northern Ballet School, not one of the Unis, no help there. I'm aware there isn't much we can do I'm just fuming. The big block next to hers has been undergoing refurbishment all year, cladding issues but they have taken the opportunity to gut it and add additional rooms. There were taking bookings for September which they are unlikely to able to honour as the work is a long way from being finished.

Wife has written a very curt but professional letter demanding answers to specific issues, emphasising the safe guarding aspect as she isn't 18 until after this tenancy agreement ends.

Also going to struggle to move her, our main car died 3 months ago, ordered a new one which is currently due now but there is no sign of it. Going to Be fun shifting her stuff in a Fiat 500, took 2 trips last September in a 7 seat Touran with the seats removed.

I'm not holding out a lot of hope the refurb will be finished before the start of term either based on their previous record of not being able to run a piss up in a brewery.

Edit: New Medlock House on the Mancunian Way.

 
Posted : 04/05/2022 9:46 pm
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Also going to struggle to move her, our main car died 3 months ago, ordered a new one which is currently due now but there is no sign of it. Going to Be fun shifting her stuff in a Fiat 500, took 2 trips last September in a 7 seat Touran with the seats removed.

Van hire?

 
Posted : 04/05/2022 9:49 pm
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Some tips...

Ask Course Tutor - help...

Ask the Student Hub/ Student Services (student's main contact)

Don't accept what the private company say.

The Uni will help.

I've been way out of what I should do recently - completely out of my job, but we've got a student somewhere to stay on a placement - I was on the phone guiding the student to 'check in' to a hospital accomodation block (I'd never been there) and I'd finished work (in car after collecting a bottle of wine), and my job has no contact with students... just that I was 'authorising' the emails to approve the person to stay.... we help... it's out job.. I'm a bloody accountant, not an admissions tutor.... just got young adults myself...

The student got a bed for a month on placement as there was family issues... job done, and incredible pride just to help someone.

 
Posted : 04/05/2022 9:59 pm
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As above, get in contact with her student union and / or student accommodation office. They'll have a lot more clout with the private accommodation provider than you alone.

 
Posted : 04/05/2022 10:06 pm
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They’ve just been told they all have to be out by the 31st of May

Not saying this is the case here but..... were they told previously and took no notice of it until now, my dealings with students is very much ignore any emails sent and notices that go up and look and act surprised/confused when something happens.

 
Posted : 04/05/2022 10:06 pm
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this tenancy agreement

As I understand it, halls are not a tenancy agreement. They don't fall under usual tenant and landlord conventions and protections.

It's a hotel contact, to occupy a room and self catering space. And far fewer protections.

 
Posted : 04/05/2022 10:12 pm
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Unite have form for treating the students like cattle.

Ex letting agent here...

Students have form for behaving like animals.

To answer your question, Unite will have a clause in the contract and they need to have it if they deem it necessary to move the 'tenant' in case of them not wanting to move for repairs.

They're doing their legal obligation and offering alternative digs.

 
Posted : 04/05/2022 10:24 pm
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https://www.unitestudents.com/terms/terms-for-booking/properties-in-england

This below seems to cover what they seem to be doing, but note the words 'offer', and the requirement for an agreement. If you were to refuse their offer on safeguarding grounds, they say they could have recourse to the courts to 'enforce it', but I'm not sure which part of the contract they would be looking to enforce in those circumstances, as I can't see any provision for court action to evict a student except poor conduct, loss of uni place, failure to pay etc.

3.2 We reserve the right during the Length of Stay to offer you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the Room and/or the Flat and/or the Property or if we consider it necessary or desirable for any reason, to avoid difficulties between tenants or for the better management of the Property PROVIDED THAT:

3.2.1 you are given reasonable notice (except in emergency);

3.2.2 the alternative accommodation is of substantially no lesser standard than your Room/Flat; and

3.2.3 you will occupy the alternative accommodation on the same terms as those of the Tenancy Agreement, including the Rent payable.

3.2.4 you are in agreement to accept the alternative accommodation which is offered (and in the absence of your agreement, we shall be required to obtain permission from a Court in advance of any such move being enforceable).

The whole thing looks a bit like a tenancy agreement, and it looks like they are trying to bend the terms to accommodate works which should have been foreseeable at the start of the academic year.

My advice would be to talk to them to raise the safeguarding concerns and ask how they intended to make satisfactory arrangements to address this. Hopefully this will at least alert them to the need to make special efforts as far as your daughter is concerned.

Good luck. My lass is in Unite accommodation at another uni, so I'm interested to see how this pans out.

 
Posted : 04/05/2022 10:31 pm
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That clause stipulates "emergency repairs". This doesn't sound like emergency repairs.
At a guess she'll not have exams at end of term.

 
Posted : 05/05/2022 7:08 am
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Thanks Martinhutch, very good points in there and as I suspected they are at the very least bending the terms of the contract. The refurbishment isn't emergency, we've known the flats would be refurbished over the summer as they put the rents up for next year as a result. This is definitely planned work, not emergency. They did not tell us until now this would involve the students having to move out before the end of term. For others commenting I have said repeatedly:

1. She's not a normal student, nor are her flat mates, they are at Northern Ballet School not a uni, the school can't help with this.
2. She absolutely would have told us, she would have gone mental the mkment she found out and even if she missed the email one of her flat mates would have flagged and she would have gone mental.
3. Yes some students are total animals, my daughter and flat mates are not and this wouldn't be grounds to evict all 400 students.

We have already written to them, we will see what happens but I suspect we will be ignored, I would suspect they will be getting a lot of anger over this but will plough on regardless. I'm also amazed they can allegedly find 400 rooms in 2 other accommodation blocks given another of their big blocks had also been empty this year.

 
Posted : 05/05/2022 7:35 am
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Students have form for behaving like animals.

Student landlords have strong form for being selfish wildly unethical dickheads so I guess it's swings and roundabouts eh

 
Posted : 05/05/2022 7:53 am
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the school can’t help with this

Can't or won't?

 
Posted : 05/05/2022 8:25 am
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She’s not a normal student, nor are her flat mates, they are at Northern Ballet School not a uni, the school can’t help with this.

The school absolutely should be making representations, as your lass is still a child in safeguarding terms and they have some 'in loco parentis' responsibilities. There should be a safeguarding lead there.

 
Posted : 05/05/2022 8:30 am
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Indeed Martin.

Depending on whether their are other U18 students in the same boat, OP may wish to approach Unite with suggested solutions - such as providing self-contained accomm for a group of U18s, or funding hotel accomm for daughter alone.

 
Posted : 05/05/2022 8:33 am
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Yeah, that was my thought - that Unite at the very least need to be making special provision for the children in their accommodation. I personally wouldn't be happy with my daughter being put in a random hotel room in the middle of Manchester on her own at 17, even that raises some potential safety issues, as it will probably be some shithole hotel overlooking Piccadilly Gardens...

 
Posted : 05/05/2022 8:37 am
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Now back in the 70s the students would just tell them to sod-off-man and squat for as long as they liked! 🙂

 
Posted : 05/05/2022 8:40 am
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Judging by the contract, they could probably have a stab at that now, given that Unite would have to apply to the court to have them all removed if they 'decline' their offer...and that would probably drag it out to the end of term anyhow. 🙂

Clearly someone there has royally messed up their building schedule.

 
Posted : 05/05/2022 8:43 am
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Student landlords have strong form for being selfish wildly unethical dickheads so I guess it’s swings and roundabouts eh

Have a plus one for that succinct observation.

 
Posted : 05/05/2022 8:48 am
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Unite? Up the workers comrades!

https://www.theguardian.com/uk-news/2022/apr/08/police-examining-contracts-related-to-unite-birmingham-hotel-project

Reds not only under the bed but also building the hotels for the beds to go in...

 
Posted : 05/05/2022 9:18 am
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If the contract martinhutch has posted is the applicable one, it may have some room for negotiation. It says they may "offer" alternative accommodation, and you "if you are in agreement". If you don't agree, they need a court order, which means you can bring up the safeguarding, and what "reasonable notice" means, etc. A court order could take until the end of term?

 
Posted : 05/05/2022 9:30 am
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why has the refurb work been scheduled to start before the end of the academic year?

It hasn't really.
My daughters are back from Leeds and MMU in 1-2 weeks max and lectures have either already finished or finish next week.
They're just staying a little longer cos to 'go out'.

 
Posted : 05/05/2022 9:40 am
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I personally wouldn’t be happy with my daughter being put in a random hotel room in the middle of Manchester on her own at 17, even that raises some potential safety issues, as it will probably be some shithole hotel overlooking Piccadilly Gardens…

In a hotel suggested by OP, I meant.

But you still have a good point. A 1-bed apartment would probably be better anyway.

 
Posted : 05/05/2022 9:41 am
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Unite? Up the workers comrades!

Different Unite. This is the freewheeling capitalist version.

 
Posted : 05/05/2022 10:16 am
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No idea about legalities, but four weeks' notice for planned maintenance is bullshit. Planned works sufficiently major to require the building to be empty will surely have been in planning for months if not years. Somebody has screwed up royally here.

 
Posted : 05/05/2022 10:32 am
 jwt
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New Medlock by any chance? (just seen your edit!)
My daughter is in the same boat, albeit she is a bit older but still unimpressed.
They knew they were refurbishing the blocks before the current tenants moved in so it sounds like the contractors have maybe changed timescales on them or similar?
Daughter currently waiting on which of the two choices of accommodation she's assigned to, as one option sounds pretty grim and the other palatial.
Good luck with getting it sorted.

 
Posted : 05/05/2022 3:18 pm
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It's been constant works in and around that building - the cladding was all off on the Mancunian Way side for ages.

 
Posted : 05/05/2022 3:28 pm
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Thats the other building with the cladding off. Weve pointed out the safe guarding issues, hoping she'll end up in Artisan heights which closer to school rather than south of the Mancunian Way. They will have 5 weeks in the alternate accomidation before term ends. I will dig out the contract tomorrow, I don't hold out much hope but they've treated their customers with utter contempt so if we can make it so awkward we will.

 
Posted : 05/05/2022 6:55 pm
 jwt
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Has your daughter had the email regarding no water supply between 9th-12th / 9am - 4pm for an entire block? And they need access to empty all the toilets to remove residual water in the system.
Again, very unimpressed to say the least.

 
Posted : 06/05/2022 1:54 pm
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Not that I'm aware of, will no doubt find out later. At least for my daughter she's out in lessons for the full day every day. Still waiting for a response to our email the other night. Gave them until 10am this morning to respond, nothing. I'm wondering when / if they will tell us which block shes being shipped off to. Couple hours before no doubt.

 
Posted : 06/05/2022 1:59 pm
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Sounds like a shambles - what alternative arrangements are they making for the provision of drinking water/sanitation during that period? Students will be probably there sitting online exams etc.

 
Posted : 06/05/2022 2:00 pm
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Still no response to the email so my wife went into reception yesterday when we picked my daughter up to play merry hell. Seems they may have realised they've cocked up. All the dance students are now going to artisan heights (the posh accomidation block near the dance school) and after initially saying they would be housed together have now back tracked and said they will be, particularly the under 18s. Still not happy about having to move her twice and the disruption but the have at least addressed the major concerns around safe guarding.

 
Posted : 08/05/2022 8:17 am
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And they need access to empty all the toilets to remove residual water in the system.

I can only imagine what that place is going to smell like with all those open foul water drains 😬

 
Posted : 08/05/2022 10:40 am