Half Signed Tenancy agreement

8701

i was going to move into a studio with a friend (B) but things went down hill with B at the very last minute after B signed his part of the contract and paid the deposit and rent advance plus fees.

i have 2 days to sign the tenancy which started yesterday.

is it possible to get back the money minus the fees from the estate agent?

thanks

G_M

i have 2 days to sign the tenancy which started yesterday.

If the tenancy has started then you have .... a tenancy.
A tenancy is created by the dual acts of 1) paying rent and 2) receiving accommodation.

If you have paid rent and been given the keys, then you tenancy exists whether or not a written agreement is signed. The question then is what are the terms of this verbal tenancy? A 6 month agreement? You are legally bound by that.

Your best bet is to reach a mutual agreement with the landlord/agent. If they agree to allow you to withdraw, that is fine. You will have to negotiate/agree the terms though ie what is/is not refundable.

8701

thanks,

im not too sure of any verbal agreements as B made all the arrangement. i know its a 12 month agreement with a 6month break clause (with 2 months notice.)

BitterAndTwisted

No agent is going to let any money out of their grasp without a fight to the death. As far as they are concerned the contract has been signed and monies have been received so it would be fair of them to assume that it's going ahead. Looks like your ex-pal might be in the mire

8701

just manage to get hold of a 'Contract for financial contribution'

"10. This agreement will void if on or before saturday 2nd April 2011 (A) has cancelled the tenancy agreement removing liability from either (A) or (B) to pay rent; bill/s or debt/s associated with the studio and secured the deposit and advance rent totalling #1731.88, minus any rent up untill and inlcuding the day of the cancellation.
10.1 The deposit and advance rent shall be returned minus and charges. (A) paid #700 and (B) paid #1731 towards the deposit and advance rent. So all chargers shall be divided equally and deducted from each party's amount paid."

clearly the financial contract is not the actual Tenancy agreement but would i be able to use 10.1 to cancel the tenancy?

G_M

8701 wrote: »

thanks,

im not too sure of any verbal agreements as B made all the arrangement. i know its a 12 month agreement with a 6month break clause (with 2 months notice.)

If YOU were not involved in any discussion, and made no (verbal) contract, then you are not party to any contract.

Have you handed over cash yourself? Sounds like you could walk away, but not your mate!

8701

i wasnt envolved with anything, didnt directly hand over any money.
im now under pressure from my mate to make sure i have their money
returned as it was my fault for changing my mind too late

DVardysShadow

8701 wrote: »

i wasnt envolved with anything, didnt directly hand over any money.
im now under pressure from my mate to make sure i have their money
returned as it was my fault for changing my mind too late

Now forgive me for this, but it looks like you are using weasel words to obscure exactly what you did do. Don't worry, this happens here all the time - and don't think that I or anyone are jumping on you. But you need to be exact about what you actually did do, rather than tell us what you didn't do, if you want to get advice which is actually going to help you.

8701

DVardysShadow wrote: »

Now forgive me for this, but it looks like you are using weasel words to obscure exactly what you did do. Don't worry, this happens here all the time - and don't think that I or anyone are jumping on you. But you need to be exact about what you actually did do, rather than tell us what you didn't do, if you want to get advice which is actually going to help you.

i gave money to B, to pay to the agents my share of the deposit and rent advance.

BitterAndTwisted

You're dropping your mate in the !!!!!! and you know it. I guess it's better now than a month or two down the line when you both realise that it's not possible for two people to share a studio/bedsit adn still be on speaking terms.

I think you need to pay over every penny it's cost your pal so far and both of you should beg the agent to release you both from the contract.