This is really another case for the supplier of goods to be using the "Subject to Contract" clause to prevent anybody assuming they have a lawful contract until 'exchange'.
-
The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing. -
PaulF welcome back.
Which Agreement is 'Subject to Contract' In the Lettings process there can be several - T/LA Agreement, Holding/T deposit, verbal AST?
Many honest naïve people may expect to be treated fairly and not be taken for a mug. Most learn the futility of this from Primary School bullies.
OPs dau is 18+, a legally resp adult to sign a Contract for Housing etc but lesson 101 is to obtain a detailed receipt for any monies paid/check your change at the till.
IMO It is also implicit in any Contract that goods remain property of supplier until required payment is received.
I was hoping that LC may have commented on my premise that an actionable unwritten Contract to supply/occupy existed between LL& prosp T existed before AST start date.
Harsh lesson, never to be forgotten by OPs dau.Comment
-
A promise to pay is payment.
The analogy with goods remaining the property of the supplier is a little misleading.
A lease is not a "good" in that sense - goods are tangible and "real" property is not within that definition.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).Comment
Comment