Leaving early issue

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Leaving early issue

    Dear all,

    I was renting a small flat in the beginning of 2014. The landlord said he could not have given me a proper rental agreement, he sent me just an email saying that I requested a place for 4 month, that he agreed with that and was "granting me a licence to occupy the property for 4 month." We printed and signed this email, I wanted to have at least something in my hand, not sure if this can be considered as a valid contract. I paid deposit and the first rent.
    Unfortunately I had to leave already after first two weeks because of change in my work conditions. I told that to the landlord and he agreed, gave me even my deposit partly back. Unfortunately we did not sign any statement that we mutually agreed on me leaving early and that I do not owe him any money. I do not have any proof that he gave me the deposit back either.
    I am a bit nervous now about the issue. I have not heard from him since that time but still I signed a kind of contract and did not stay there for the whole period and dont have anything in my hand that we agreed on me leaving early. The time limitation for these contracts is 6 years as I found out. I am a bit nervous that the landlord can say in five years time that I still owe him the rent for the period which we signed the agreement for. Or even worse, because the tenancy can change to periodic after the fixed term so he can say that I was living there for the whole 5 years, was not paying a rent and therefore owe him something like L40k. Is anything like that possible when I do not have any proof that I left early / left at all? The landlord is a solicitor so I was thinking if anything like that he could count on.
    What a court would say about that if the landlord took any action against me?
    Would it be worth it to contact the landlord now and ask him for a written confirmation about the leaving agreement?

    Thanks a lot for your help,

    Kojot

    #2
    Forget about it.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      The legal position is a little unclear, but I think that if you can prove that you had some sort of a refund then that should be enough to show that the tenancy was surrendered by operation of law. Just make sure you keep all relevant.

      Form a purely practical point of view, I think you are fairly safe in assuming that if the landlord was going to sue he would have done so by now. Always best to let sleeping dogs lie so better not to contact the landlord.

      Comment


        #4
        Lawcruncher,

        Thanks, unfortunately I do not have anything to prove that I got any refund, that is the thing. Is it still better not to contact him? What if he comes to me in few years and will demand also interest and may be some rent for a tenancy which he could call periodic. Actually can a tenancy become periodic if a tenant did not pay even the rent for fixed term?

        Comment


          #5
          Originally posted by thesaint View Post
          Forget about it.
          Thanks, but is it really so easy? The landlord still has the agreement and I do not have anything in my hand. And if he try to contact me in few years and take me to a court?

          Comment


            #6
            If you were not living in the property at the end of the fixed term, then a periodic tenancy never commenced.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              thesaint,

              Thanks for that. I was not living there at the end of the fixed term, however I do not have any proof for that. Just a flight ticket to outside of the UK.

              Comment


                #8
                Originally posted by Lawcruncher View Post
                The legal position is a little unclear, but I think that if you can prove that you had some sort of a refund then that should be enough to show that the tenancy was surrendered by operation of law. Just make sure you keep all relevant.
                Lawcruncher,

                Thanks, unfortunately I do not have anything to prove that I got any refund, that is the thing. Is it still better not to contact him? What if he comes to me in few years and will demand also interest and may be some rent for a tenancy which he could call periodic. Actually can a tenancy become periodic if a tenant did not pay even the rent for fixed term?

                Comment


                  #9
                  There are two possibilities:

                  1. The landlord does not have a sound claim

                  2. The landlord has a sound claim

                  We cannot say without all the detail which it is, but on balance going by what you have said, the landlord would have difficulty justifying his case.

                  If it is 1 you have no problem.

                  If it is 2 you only have a problem if the landlord makes a claim within six years. It is unlikely that the landlord would have refunded you any money if he was interested in making a claim. If by any chance he is contemplating a claim you do not want to be reminding him. Further, if he is contemplating a claim he will not do anything to confirm you owe him no money. If he is not contemplating a claim you do not need the confirmation. So, whatever the position, contacting the landlord is a waste of time. In fact there is nothing you can do with a view to improving your position that does not risk making it worse. You can therefore postpone worrying until something actually happens!

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Section 21
                    by Perce
                    It is not clear yet what is going to happen with evictions. The ban may be extended till the end of the year. It is becoming almost impossible to evict a tenant. The government will make a decision shortly....
                    29-05-2020, 20:24 PM
                  • Section 21
                    by zrux
                    Hi

                    My tenant was struggling to pay rent, they wanted to move to council house. And asked me to serve notice.
                    I served them the section 21 Notice on 28Apr2020 and gave them 4 months to vacate the property on 31-Aug

                    Since then the tenant says he doesn't want to move out...
                    28-05-2020, 13:18 PM
                  • Reply to Section 21
                    by MdeB
                    Yes for S8G8, but for the discretionary grounds it is for the LL to persuade the judge....
                    29-05-2020, 19:56 PM
                  • Reply to Aiming to get a CCJ on ex tenant
                    by Stew
                    I understand you are upset but chase the person named on the lease, if they are together still it will impact the both of them so chasing for the CCJ on the named tenant will still impact the one not named as it will carry forward with them if they don't pay right away and when they try and rent again...
                    29-05-2020, 18:55 PM
                  • Aiming to get a CCJ on ex tenant
                    by MadLL
                    Apologies if I have posted this before, but I cannot find my original post, if I did indeed post!
                    I rented my property to a tenant. I knew at the start of the tenancy that the partner planned to move in at a later date, although the tenant denied the partner ever moved in as I expect they did...
                    29-05-2020, 17:30 PM
                  • Reply to The tenant won't pay due rent
                    by Perce
                    DPT57

                    I agree and this is a problem. Very difficult to find someone you can trust that they would do a good job.

                    It looks like one has to become a solicitor first to be able to deal with solicitors. Solicitors forget half of the things you tell them, make errors, expect...
                    29-05-2020, 18:52 PM
                  • The tenant won't pay due rent
                    by Uklondoner
                    The tenant just told me he can't pay not even half and didn't apply for benefit probably doesn't know how to. He said I can call Police. What to do now? I know the government back people like him....
                    18-04-2020, 18:34 PM
                  • Reply to Aiming to get a CCJ on ex tenant
                    by Hudson01
                    I can not see you getting anywhere with the ex tenants partner but i totally agree you should chase the non paying tenant until the end of time, its is the previous landlords in not going after the arrears which then caused your tenant to be able to not pay you...... somewhere a stand has to be mad...
                    29-05-2020, 18:38 PM
                  • Reply to Aiming to get a CCJ on ex tenant
                    by Perce
                    Send your ex tenant a 14 days pre action letter first....
                    29-05-2020, 18:33 PM
                  • Reply to Section 21
                    by Perce
                    The tenant should move to a cheaper accommodation which he can afford....
                    29-05-2020, 18:31 PM
                  Working...
                  X