What do you think?....

[confusedtenant]

went to view a property on 01/09/11, I verbally agreed to pay the first months rent and deposit before moving in on 07/09/11. When I moved into the property I recieved a tenancy agreement with the incorrect postcode and which stated I was entering into a 1 year assured shorthold lease, as this was not the same as the 6 month agreement we had verbally agreed I did not sign. Then I recieved another, different, tenancy agreement through the post. This tenancy agreement was open-ended and as it differed again from both the verbal agreement and the first incorrect one I did not sign it. After 9 days in the property I became ill and had to move back to my mothers. I agreed that the landlord could keep the months rent which I had paid, for inconvenience and to cover any costs incurred. I also agreed at the time that I would pay for the readvertising and that my step-father would repair some damage caused by my cats. When I wrote to the landlord asking for my deposit back, which she had not held with an appropriate deposit scheme, she returned a cheque for less than half the value of my deposit paid. Claiming £109 for 9 days rent, for which I had paid £480 and was happy for her to keep. Also, she is claiming for cleaning products and £11 per hour cleaning charge. Even though the house was spotless, as myself and family members had cleaned it before leaving. I sent her the cheque back, asking for my deposit back, minus the readvertising charge and for 'said' cleaning products. I have been advised to go to a small claims court and added this to my letter. She has replied that she has been very fair and will counter-claim, trying to make me liable for the 6months tenancy agreement, which was never written, or signed. Where do I stand with this please?

[Grampa]

Legally you have a contract, signed or not and the landlord didnt have to release you.

Was there a detailed signed inventory? Also ask for copies of the invoices showing the deductions.

There is also a possible issue as the deposit wasnt protected but that depends if the tenancy has officially ended or not because I dont think there is a claim if the tenancy has ended. This is due to recent case law.

[kerbut]

Grandpa

I believe a LL has 14 days to place the deposit with one of the schemes ,this tenant moved out within 9 days

[confusedtenant]

Is there really a contract if all that was agreed was that I would move in on a certain date and to pay 1 months rent and a deposit? No terms were agreed.

There is no signed inventory either.

In regards to the deposit; the landlord had over 3 weeks to secure it before I asked for the second time for it to be returned. I did ask for copies of invoices for work carried out, she says she has copies but would rather I took her to small claims regarding this. I just feel she is calling my bluff, trying to pocket £960 for a 9 day tenancy which was neither agreed nor signed for..

Like I say, I am happy to cover all costs incurred but feel she is being unreasonable taking rent out of a deposit when I have already paid the rent. She has obviously accepted that she has not done things correctly by the fact she returned a cheque?

Thank you for your replies

[Carryon Regardless]

You moved in therefore you accepted an AST.

An AST can be for a shorter period than 6 months, but only in theory. AST's are for a 6 month period and longer in practice.

You are liable for the payment of rent for the entire period of the AST. You have chosen to surrender your tenancy and unless you are able to show your LL has relieved you of YOUR responsibility the payment is due BY YOU.

I hope you call you LL's bluff regarding court, but please keep us up to date on the claim you make and of course the counter claim by your LL.

It will be of interest to many here, T's also as they do frequent, as to the result, and of course who is called upon to pay costs and expenses.

There are Hotels for those that prefer to be transient and 9 days versus 6 months it would probably be cheaper.

[confusedtenant]

Thank you for your replies.

I will keep everyone updated as to what happens next.

Before any more 'jokes' regarding hotels are made I would like to add that the reason I HAD to leave the property was due to illness.

Thanks

[Carryon Regardless]

It would be lovely if T's would offer to pay my way when I'm ill.

I hope you get better soon.

[confusedtenant]

It would be lovely if T's would offer to pay my way when I'm ill.

I hope you get better soon.

I think you are missing the point COR. I am not asking for, nor expecting the LL to pay my way. I just dont expect to have to pay theirs! Maybe you should read the original post again.

And thanks for your kind words... 4 months later I desperately hope I get better soon..

[Carryon Regardless]

Me missing the point, ah you mean the point where you would rather not pay as you agreed.

I've read AGAIN, and am reminded that so many T's expect LL's to provide effort on their behalf, because their too frickin lazy to apply effort themselves, often.

You took the tenancy expecting a 6 month contract, what's different now is that you don't want stand by that understanding. Tough, the legislation says otherwise.

Your cute little >><<>><<>>< cats caused damage, but that's ok isn't it ? You have left but some well meaning person will return to rectify, to who's standard I wonder. Well at least you have the remainder of the 6 months to do this.

"the house was spotless" again to who's standard ? I don't see acceptance in your writing that you have true responsibility, demonstrated by your belief that after 9 days you can change your mind and escape the requirements of the contract that YOU have entered into. Written, signed or not there is one and you are a party to it.

You viewed the property 3 months ago so you had been aware of your illness for 1 month by then. Now you desire consideration for the illness that becomes a loss situation to a business person. Heard it all too many times before.

You and your >><<>><<>>< should go bother someone else, I'm not interested.

Apparently I can't write >><<>><<>>< on here so I replace with mangy minge.

[Richlist]

Well, uncharacteristically for me I do have some sympathy with the tenant.

Unfortunately the law is clear and a contract has been formed which you are now subject to irrespective of your particular circumstances.

I've been in similar situations many times as a landlord where tenants want to cut short a fixed term agreement.

Its my experience that tenants generally don't know / understand what entering into an AST agreement actually means to them and the responsibilities in confers on them.

There is no easy escape for you. You are liable for the rent for the remaining term so, if your landlord will release you for the payment of a couple of months rent + repairs......accept it. The alternative is a court case that you are likely to loose and you will end up payin or picking up a CCJ.

[Richlist]

Well, uncharacteristically for me I do have some sympathy with the tenant.

Unfortunately the law is clear and a contract has been formed which you are now subject to irrespective of your particular circumstances.

I've been in similar situations many times as a landlord where tenants want to cut short a fixed term agreement.

Its my experience that tenants generally don't know / understand what entering into an AST agreement actually means to them and the responsibilities in confers on them.

There is no easy escape for you. You are liable for the rent for the remaining term so, if your landlord will release you for the payment of a couple of months rent + repairs......accept it. The alternative is a court case that you are likely to loose and you will end up paying or picking up a CCJ.