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Student trying to get out of a tenancy agreement

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  • AmyDee_3
    AmyDee_3 Posts: 11 Forumite
    Yes, they sent me a copy of my tenancy agreement (there was no new one, when the new tenant took over the other girls contract she signed something which basically said she accepted the terms of the ex-tenants contract).

    Happily last week I went back to collect my things, and managed to find a girl who wanted to look at the property. I went there and it was in an appauling state, there were cigarette ends everywhere (in my room, as well as sleeping bags in my room), old cat food making the place smell, lights still on (even though all the tenants were away for Christmas) and there was a massive hole through one of the kitchen cabinets as if kicked through, general mess and obviously the place had not been cleaned or hoovered in literally months. Managed to quickly clean as best I could before the girl came round to look and she seemed to like it, hopefully she will be signing the contract tomorrow when the estate agents are opened again. Fingers crossed it all goes through well! I just feel sorry for the landlord, his house is completely ruined, I really hope I can get my deposit back though.
  • Wickedkitten
    Wickedkitten Posts: 1,868 Forumite
    Part of the Furniture Combo Breaker
    edited 4 January 2010 at 9:11AM
    Not only can you probably forget about getting your deposit back, you will be held jointly liable for the damage.

    That however is minor compare to the letting agent not issuing a new contract.
    It's not easy having a good time. Even smiling makes my face ache.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    AmyDee wrote: »
    Just thought I'd give you an update. There was no legal way I could get out of my contract and I am still desperately trying to find someone to replace me. I am now paying rent on another property with my parents help, which neither them nor I can afford. The tenants have now got a cat (another breach of the contract) which I am allergic to (though I wouldn't go back anyway). Unfortunately this is just one that I'm going to have to admit defeat to. Thanks for everyones help, just wish it would have worked out.
    AmyDee wrote: »
    Yes, they sent me a copy of my tenancy agreement (there was no new one, when the new tenant took over the other girls contract she signed something which basically said she accepted the terms of the ex-tenants contract).

    Happily last week I went back to collect my things, and managed to find a girl who wanted to look at the property. I went there and it was in an appauling state, there were cigarette ends everywhere (in my room, as well as sleeping bags in my room), old cat food making the place smell, lights still on (even though all the tenants were away for Christmas) and there was a massive hole through one of the kitchen cabinets as if kicked through, general mess and obviously the place had not been cleaned or hoovered in literally months. Managed to quickly clean as best I could before the girl came round to look and she seemed to like it, hopefully she will be signing the contract tomorrow when the estate agents are opened again. Fingers crossed it all goes through well! I just feel sorry for the landlord, his house is completely ruined, I really hope I can get my deposit back though.
    Amy, you seem to have been far too soft here.

    I advised you "This is very difficult to deal with, I suggest you check independently of the agent whether the agreement is Joint and Several. If it is, protect your position immediately by writing to the agent, stating that you do not accept this tenant and you refute any Joint and Several involvement with her. Keep a copy."

    Dis you do this? If you didn't perhaps you can now see the point of doing it - and of doing it at the time I suggested it. For you do do this now the place has become a sh1thole means you are trying to wriggle out of responsibility for past damage, which is harder than making it clear you will not be responsible for future damage. You will unfortunately either have to pay through the nose for this or get a solicitor. And by not writing a letter at the time, you have made the solicitor's job harder.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • neas
    neas Posts: 3,801 Forumite
    Sounds like a flat from hell lol. Were these people your friends? oO
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