Is this legally binding?

bigifsh

Hi,

I am currently living in a student house rented from a private landlord.

I have not signed the tenancy agreement that hes given me yet but he keeps asking for it.

I signed a receipt that he wrote on a peice of paper that basically says.

deposit £300 paid
balance due
£1000 Sept
£1000 jan
£1000 may
etc.

and we both signed it.

Since moving in however there are a number of issues.
-The oven does not work properly.
-The washing machine doesnt work atall.
- The heating does not work.
He said that freeview works fine however the aerial he supplied is naff and there are no working aerial ports in the house.
- The shower has 2 temperatures. freezing and scholding.
- etc etc..

And the landlord is unhelpfull in fixing these issues. (he must of known they didnt work beforehand too as the house has been free while he has been "doing work" on it for a month).

Basically is the receipt i signed legally binding to my tenancy now or is there a way i can get out this "!!!! hole" without him hunting me down and taking me to court.

many thanks.

jenny74

As I understand it, the fact that you are paying rent forms a tenancy agreement. Tho I am no expert, hopefully someone else here with more knowledge will provide more info for you.

Jenny

bigifsh

well i havnt paid rent as such yet.. ive paid a security deposit. with the rent due tomorrow.
Saying that im pretty sure it is legally binding but i thought id double check by asking anyway just incase.

LydiaJ

You say he has already given you a copy of the tenancy agreement he requires you to sign? I'm not an expert, but in your position I would be reading that agreement very carefully. Does it say anything about maintaining the heating or appliances etc? There may be some mileage in saying that you are happy to sign it if he really wants you to, but that you will have no hesitation in taking him to the small claims court if he fails to uphold his side of the contract, pointing out which bits you believe he is not currently fulfilling. Then offer him a get-out and say that you will leave without a fuss if he confirms in writing that he is releasing you from whatever that receipt commits you to.

ETA Are you renting direct from the LL, or is there a letting agent? It might make a difference to your best strategy.

bigifsh

Im renting direct from landlord. I decided to avoid an estate agent this time round due to them excessively taking off my security deposit. Wish i hadnt now as the landlord is 10x worse than the estate agents were. It does say in the contract he is responsible for service of gas appliances. No mention of the washing machine or the oven.

However even though it doesnt say he is responsible for these items. I dont think i am asking for alot by expecting a working cooker, washing machine, heating, and shower, as he described.
I wont be signing the agreement under any circumstances until all these issues are fixed thats for sure.

The main question is what is the receipt actualy commiting me to? I know its commiting me to the tenancy but will it stand up in court should it go that far? Getting back my security deposit is the last thing i care about at this time i just want to get out the tenancy.

Im sure i can get him to fix these issues but its the last thing i want while im at university having to chase down the landlord to get a basic standard of living in the house.

bigifsh

Also, i dont understand the difference in signing the receipt and the tennancy agreement? Why did he want me to sign the receipt but was willing to wait for the tenancy agreement? Am i legally tied down to the tenancy but not the terms and conditions in the agreement or what?

BitterAndTwisted

The receipt is what it is: a receipt for the deposit and the dates he's expecting you to pay the rent. That's it. Until you've signed the rental agreement you're not in a legally binding contact. Any equipment that a landlord supplies is supposed to be in working condition and the landlord is responsible for maintaining it. Is there an inventory along with the rental agreement or part of it, listing the items that are not working satisfactorily?

To be charitable, the things you complain of might be working, it's just that you don't know how to work them. I'd use that tactic with the landlord in the first instance and give him an opportunity to show you how they work or get them working. Don't sign the rental agreement until they do, it's your only leverage as you cnanot withhold the rent after the fact and you'll be doing all the other student-tenants in the house a favour as well. In fact, I'd have your co-tenants with you to back you up when you discus this with the landlord, especially if you've got any beefy rugby-players amongst them

bigifsh

haha infact i do have a beefy rugby player living with me.
I assure you i know how to use an oven etc :P And i know the showers faulty when the only temperates are freezing and scholding.

To be honest id rather just be done with it, im sure i can get him to fix them but as i said i dont want to be chasing him around all year and have the burdun of it. And the fact that he must of or should of known about all these issues when he rented it to us and it doesnt look well for the future if he was willing to do that and what? hope we dont complain that nothing works?

Thats great if im not in a tenancy agreement, are you sure of this though and can anybody else confirm? He has told me that all the current tennants and himself are legally binding to the shorthold tennancy agreement. We have all signed receipts detailing what was paid and when he expects installments, but knowone has signed the agreement as of yet.

many thanks for the replies it is much appretiated.

bigifsh

I think jennys right at the moment to be honest. I think im in an agreement. Wishfull thoughts that im not however.

BitterAndTwisted

I KNOW the appliances don't work if you said they don't I just suggested that you disingenuously treat the landlord like an innocent who doesn't know how they work. Then he can try and get them working or explain to your faces why he will not and none of you hand over any rent until he does.

If you're uncertain about any of this being legally binding get yourself down to the uni's accoms office and ask them for their advice. You might be able to walk away just losing your deposit IF you have somewhere else better lined up.

BitterAndTwisted

bigifsh wrote: »

I think jennys right at the moment to be honest. I think im in an agreement. Wishfull thoughts that im not however.

I don't think you are. You haven't signed a tenancy agreement and you haven't implied a contract by paying any rent. Which is why your landlord is so keen to have you sign it