Docusigned a tenancy agreement earlier in the day

[debjitdutta]

The tenancy is due to start from 9th of next month. I was sent an agreement by the landlord and docusigned it. Later in the day had a discussion with wife and some of the conditions were not as per our plan.

Sent an email to the landlord today evening to consider our case and treat it as null and void. He has now come back saying he will charge me for a months rent as it was a 1 month fixed term contract which would then roll on a monthly basis. If I dont pay him directly, he has said that he will take legal recourse to take the money from my employers. Wanted to understand from the seniors/ experienced here as to what should be my stand. Should i pay him or is there a way out?

[JK0]

Sounds like a commission hungry agent rather than a landlord.

I suggest you put your withdrawal in writing (paper & envelopes) and say that you look forward to seeing him in court.

[debjitdutta]

I have requested him to let me off, but he insists on the money. This is what he writes...
"Anyways you are liable to pay first months rent to me. If you do not make this payment by 8th June, you will receive a court notice from me from the online court service Money Claims Online. If you ignore this court notice a CCJ will be issued against you. Once a CCJ is issued against you , I will get an 'Attachment of Earnings' order from the online court service and make your employer pay on your behalf. " i am a bit worried as I dont want to get into all these.

[debjitdutta]

This is what my Landlord says... "Anyways you are liable to pay first months rent to me. If you do not make this payment by 8th June, you will receive a court notice from me from the online court service Money Claims Online. If you ignore this court notice a CCJ will be issued against you. Once a CCJ is issued against you , I will get an 'Attachment of Earnings' order from the online court service and make your employer pay on your behalf. " I am a bit worried as I do not want to get into any legal issues. Please help me understand the scenario and advise of the best steps.

[jjlandlord]

In general, you cannot just declare a contract 'null and void' after you have signed it...

But in this case you may have a right to cancel because it sounds like a "distance or off-premises contract".

[AndrewDod]

But in this case you may have a right to cancel because it sounds like a "distance or off-premises contract".

Distance selling law specifically does not apply to tenancy agreements

[jjlandlord]

Distance selling law specifically does not apply to tenancy agreements

Ah yes, you're right.

[debjitdutta]

Should I then agree to pay the amount? This is for a shared accommodation. I had signed on the tenancy without actually looking at the place. Later realised that since its a loft room on the second floor, it would have much stairs to climb. I had a knee injury last year and doctors had recommended me not to do much stairs. Hence my reason for not abiding by the contract.

[JK0]

My advice at post #2 stands.

[debjitdutta]

This is what the LL writes:
"You explain all this to the Judge in court. Please read Clause B8 in the contract. It may enlighten you. Anyways I do not have any more time to waste with you."

Clause B8 in the contract says that if I give notice to leave before the tenancy expires, i need to bear rent until a new tenant moves in.

[JK0]

Then if he is stupid enough to sue you, indeed go and explain in court.

[mariner]

Pay the 1 month requested, the cost of your withdrawal, but if you do not occupy by or after, due date, no AST will arise.

[debjitdutta]

Mariner

I am not going to occupy the place, the tenancy was due to start from 9th June, 2017. Should I pay him? Because I have signed electronically, I am liable to pay off any charges that the LL incurs before the new tenant moves in.

[debjitdutta]

JK0

Thanks for your advice. I am equally concerned over the fact that if the judgement favours the LL, I will have to shell out more to compensate for the court proceedings + actual rentals.

[MisterB]

what would you have done if the landlord had contacted you and told you he was ignoring the agreed and signed by both parties contract? the 'fact' that you didn't actually view the property before signing a contract seems odd, as does your doctor advising you not to use stairs. you could always actually take up the tenancy and leave as soon as you can, so you don't lose anything and then move into the property I bet your wife has pointed out for you that is better in some way ....