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  • FIRST POST
    • xyz111
    • By xyz111 29th Sep 17, 4:24 PM
    • 49Posts
    • 2Thanks
    xyz111
    Getting rid of tenancy
    • #1
    • 29th Sep 17, 4:24 PM
    Getting rid of tenancy 29th Sep 17 at 4:24 PM
    hi
    i rented a single room and had to pay holding down deposit that came with condition that i can terminate at any time but the later contract that said that we will have to find a replacement. now landlord is not accepting this and also the room does not have standards which were sold to us ie standards of cleanliness, broadband etc. they have not put the deposit to protection scheme either, what to do. thanks.
Page 1
    • cjdavies
    • By cjdavies 29th Sep 17, 4:28 PM
    • 2,710 Posts
    • 2,695 Thanks
    cjdavies
    • #2
    • 29th Sep 17, 4:28 PM
    • #2
    • 29th Sep 17, 4:28 PM
    Anything promised/said in writing?
    • Comms69
    • By Comms69 29th Sep 17, 4:33 PM
    • 515 Posts
    • 380 Thanks
    Comms69
    • #3
    • 29th Sep 17, 4:33 PM
    • #3
    • 29th Sep 17, 4:33 PM
    Does the landlord live in the same property?
    • xyz111
    • By xyz111 29th Sep 17, 7:34 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    • #4
    • 29th Sep 17, 7:34 PM
    • #4
    • 29th Sep 17, 7:34 PM
    * landlord has office in the same property.
    * the online booking/ holding page says tenancy can be terminated and does not put any stringent conditions.
    * i signed the contract on behalf of my relative who's being a full time student.
    * the contract says 12 months length and new tenant has to be provided before leaving property. It also does not say what happens after 12 months (i will double check this bit)
    * the property is not cleaned to appropriate satisfaction and also does not have reliable broadband which was offered and required due to nature of study.
    * we have paid a month rent and deposit and still have not received deposit protection..

    please advise. thanks.
    • xyz111
    • By xyz111 29th Sep 17, 7:41 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    • #5
    • 29th Sep 17, 7:41 PM
    • #5
    • 29th Sep 17, 7:41 PM
    yes the booking form that was proof of holding deposit was flexible but main contract have different clauses.
    • xyz111
    • By xyz111 29th Sep 17, 7:51 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    • #6
    • 29th Sep 17, 7:51 PM
    • #6
    • 29th Sep 17, 7:51 PM
    **one of the other reason -my relative is a full time student and it will be too expensive for him to pay the rent hence he would be moving in with me where i pay.
    **i signed the contract on my behalf and there is a separate letter that says: " i claim to be his (relative) representative and contract will be voided if my relative does not accept that"...
    • xyz111
    • By xyz111 1st Oct 17, 8:08 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    • #7
    • 1st Oct 17, 8:08 PM
    • #7
    • 1st Oct 17, 8:08 PM
    please can someone reply so i can see a way to sort it out...
    • HampshireH
    • By HampshireH 1st Oct 17, 8:31 PM
    • 125 Posts
    • 138 Thanks
    HampshireH
    • #8
    • 1st Oct 17, 8:31 PM
    • #8
    • 1st Oct 17, 8:31 PM
    If you signed a contract which states you need to find another tenant then that is what you need to do.

    Your dispute between the original advert & contract should have taken place before you signed it.

    What does the contract say re broadband. That standard broadband is included or fibre? Is it unreliable due to number of people using it?

    If it wasn't up to cleaning standards this would have been noted on your inventory or are you saying that someone does regular cleaning?
    • xyz111
    • By xyz111 2nd Oct 17, 9:01 AM
    • 49 Posts
    • 2 Thanks
    xyz111
    • #9
    • 2nd Oct 17, 9:01 AM
    • #9
    • 2nd Oct 17, 9:01 AM
    we are unable to keep up with payments.
    i signed the contract on behalf of my relative and it says if my relative does not agree with contract the contract will be voided. so if my relative is not happy with terms then they can terminate it.
    • 00ec25
    • By 00ec25 2nd Oct 17, 9:13 AM
    • 5,036 Posts
    • 4,386 Thanks
    00ec25
    **i signed the contract on my behalf and there is a separate letter that says: " i claim to be his (relative) representative and contract will be voided if my relative does not accept that"...
    Originally posted by xyz111
    so the room's occupant is a tenant not a lodger given the LL does not live in the building (an office does not count)

    it appears the tenancy is an individual contract for a room, there may be other tenants who share the building with your relative, but the contract is between your relative and the LL only, it is not a joint contract with the other occupants

    Who wrote this "letter"??? You or the LL?
    I think it would be amazing if any LL agreed to let a room to someone whose "letter" allowed the person who actually takes up occupation of the room to pull out on the basis the actual occupant doesn't like the deal

    we are unable to keep up with payments.
    i signed the contract on behalf of my relative and it says if my relative does not agree with contract the contract will be voided. so if my relative is not happy with terms then they can terminate it.
    Originally posted by xyz111
    you say it is a separate letter, not part of the actual contract clauses, so please quote the contents of the letter so we can see how it "allows" the contract itself to be voided.

    I doubt anyone but a court can really say if the letter has any standing as a legal condition imposed over the top of the contract which, on the face of it, you appear to have signed whilst acting as an agent of your relative. In other words what you signed is deemed to apply to your relative as though he had signed it himself. The "letter" may be meaningless
    • xyz111
    • By xyz111 2nd Oct 17, 9:29 AM
    • 49 Posts
    • 2 Thanks
    xyz111
    my relative is a student and will not be able to keep up with payments! they are struggling..!!
    • 00ec25
    • By 00ec25 2nd Oct 17, 9:32 AM
    • 5,036 Posts
    • 4,386 Thanks
    00ec25
    my relative is a student and will not be able to keep up with payments! they are struggling..!!
    Originally posted by xyz111
    so what? There is a contract in place requiring your relative to pay rent, if they fail to pay they may be taken to court which can have a huge impact on their ability to rent a place again in the next 5-6 years if they end up with a CCJ on their record

    answer the questions...
    • xyz111
    • By xyz111 2nd Oct 17, 9:46 AM
    • 49 Posts
    • 2 Thanks
    xyz111
    i have a conversation record with agent who sold us the property and they had agreed that i could move out with one month notice..
    • xyz111
    • By xyz111 2nd Oct 17, 9:47 AM
    • 49 Posts
    • 2 Thanks
    xyz111
    the broadband is useless, the standard of cleanliness are not like when they were sold to us, occupants play loud music and smoke...
    • 00ec25
    • By 00ec25 2nd Oct 17, 12:30 PM
    • 5,036 Posts
    • 4,386 Thanks
    00ec25
    as you appear to be ignoring the questions we ask you ....
    i have a conversation record with agent who sold us the property and they had agreed that i could move out with one month notice..
    Originally posted by xyz111
    what record? in writing?

    who is "us"

    why do you have anything to do with paying ?

    the broadband is useless, the standard of cleanliness are not like when they were sold to us, occupants play loud music and smoke...
    Originally posted by xyz111
    so YOU failed to establish of the property was suitable for your needs or that the other occupants would suit you, that is not the LL's fault.
    Last edited by 00ec25; 02-10-2017 at 1:29 PM.
    • xyz111
    • By xyz111 2nd Oct 17, 12:36 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    the property is unsuitable and was over sold to us.. it was supposed to have everything described above (i can take back loud music but the rest should have been there as advertised)...
    • Lingua
    • By Lingua 2nd Oct 17, 12:57 PM
    • 196 Posts
    • 207 Thanks
    Lingua
    If the property has been mis-advertised, ring the Citizens' Advice Bureau for advice. It may be possible to lodge a complaint against the estate agents / landlord.

    However, you signed a contract despite presumably having viewed the property, so you were aware of its condition at the point of signing. Other tenants smoking and/or playing loud music are not enjoyable I'm sure - have you made a complaint about these issues to the landlord? If there is a clause in the tenancy expressly forbidding smoking then he will be able to respond to that issue. Hopefully the tenancy also contains a clause which mentions being courteous to other tenants (i.e., not playing loud music incessantly).

    As for breaking the contract: if you have signed a contract which states you must find an alternative tenant, then I would think that is what you must do. I'm not sure of UK law about when you can break a contract (aside from where if the contract is illegal, and therefore has no legal basis). You should have read the contract before signing.

    Lingua
    Long-Term Goal: £14'000 / £40'000 mortgage downpayment (2020)
    • xyz111
    • By xyz111 2nd Oct 17, 1:18 PM
    • 49 Posts
    • 2 Thanks
    xyz111
    i had not viewed the property.
    • 00ec25
    • By 00ec25 2nd Oct 17, 1:31 PM
    • 5,036 Posts
    • 4,386 Thanks
    00ec25
    i had not viewed the property.
    Originally posted by xyz111
    so, as you ignore our questions

    YOU have no claim as you signed without viewing it

    your "relative" has no claim as he did not view before you signed on his behalf

    there, does that make you feel better?
    • Tyler Durden UK
    • By Tyler Durden UK 2nd Oct 17, 1:32 PM
    • 677 Posts
    • 461 Thanks
    Tyler Durden UK
    i had not viewed the property.
    Originally posted by xyz111
    Opens popcorn...
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