Paid deposit and three months rent

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    Paid deposit and three months rent

    Question to the forum.

    I have just paid my deposit and three months rent on a rental property.

    However, I have not moved into this property and I have also not signed any tenancy agreement.

    Would it be possible to cancel this rental agreement and return my rental money? Is there now a legal requirement for me to move in/for the landlord to keep this deposit and rent?

    There is almost certainly a contract in place.
    Even though the tenancy agreement hasn't been signed, you've obviously agreed "something" and that would be a good contract (absent any misrepresenting the property or other problem).
    So by not moving in, you'd be in some kind of contract breach.

    But, if you don't move in, there's no tenancy begun, so there's only the contractual problem.
    If you do move in, you're committed to all of whatever the fixed term of the tenancy consists of.
    If you don't and there's simply the contractual breach, the landlord can claim compensation for any loss arising, but probably only that.

    It sounds odd, though, it's usual for the rent and deposit to be paid as the agreements are signed/returned.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


      What's the reason why you now no longer want to move in, as this may let the LL decide to give you at least 2 months rent back and your deposit, you would forfeit the one month just as it would now need to be re-advertised and a new T found.

      I would communicate the fact asap, as there may be a chance that the LL can go to 2nd prospective T if they are still available.


        I'm a burnt out junior doctor, wanting to go home and needing some time off. That's my reason. I need to put my health first.


          If there is no written agreement or any relevant communication, the only thing in dispute will be the length of the contract. I suppose it could be argued (if there was no communication at all) that the length is 3 months (since nobody would pay 3 months of advance rent on a contract that is shorter than that) - in which case you could probably regrad your 3 months of rent as lost but that the deposit be returned.

          Since a tenancy has not started L should try to mitigate his losses so if an alternative suitable tenant can be found you might get away with having to cover the shortfall/costs only.


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