Landlord won't let me end tenancy

techcastoni

Hi,

I made the mistake of moving in and signing a fixed-term contract for a room in the landlords house where the terms were not clear and he changed them or I interpreted them differently to how he described them to me. Only after I had moved my belongings in did I see the terms weren't what I expected but I signed anyway because I was under pressure and not thinking straight after a long drive and exhausting move.

Situation is:
The landlord said rent would be £182/calendar week - I understood this to be £728 per month inclusive of all bills. This turned out to be £26/day and this is what he charged me for the remainder of the calendar month of August (I moved in on 4 August).

In addition to this he has also added £22/month council tax which I considered to be a part of the 'inclusive of all bills' part of our earlier discussions.

The contract states council tax and 'all outgoings for the property' must be paid for. Council tax was never mentioned before in his ad on spareroom.co.uk nor was it mentioned in any conversations I had with him.

The difference is the LL is including utilities such as gas, electricity, TV, broadband as part of the £182/week but not council tax. This isn't made clear in the contract at all. Could this be used to get out of my contract - unfair and ambiguous contract?

Other things that were never mentioned before moving in:
No guests after 10pm
His family living their - I knew he had a wife but didn't realise he had a young child as well
Paying for my own keys for entrance to the property and my room (this wasn't mentioned until after I'd signed the contract)

I'm finding that their's not enough fridge space and someone is using my milk!

techcastoni

I've been reading this and was wondering if this applies: http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/tenancy_agreements.htm#Is_the_tenancy_agreement_unfair

Would the bold bit in below apply to the part I mentioned about council tax and having guests stay over? I wasn't given time to think about these issues or how rent would be charged. I should know this, but I didn't at the time, that most months of the year have 30/31 days.

It says:

The tenancy agreement is a form of consumer contract and as such it must be in plain language which is clear and easy to understand. It must not contain any terms which could be ‘unfair’. This means, for example, that the tenancy agreement must not put either you or your landlord in a disadvantageous position, enable one party to change terms unilaterally without a valid reason or irrevocably bind you to terms with which you have had no time to become familiar. An unfair term is not valid in law and cannot be enforced.

bob2

techcastoni wrote: »

The landlord said rent would be £182/calendar week - I understood this to be £728 per month inclusive of all bills. This turned out to be £26/day

Can't comment on the rest of your situation as a lodger. But with the rent amount - there is nothing unclear about that at all.

£182/calendar week is clearly £182 per week. There are not 4 weeks in a month so I cannot understand why you would expect the rent to be £728 per month (i.e. 4 x £182).

Whether or not council tax should be included - that's a different issue - but with regard to £182 per week = £26 per day I don't think there's anything unclear or unfair about that.

techcastoni

b!!! wrote: »

Can't comment on the rest of your situation as a lodger. But with the rent amount - there is nothing unclear about that at all.

£182/calendar week is clearly £182 per week. There are not 4 weeks in a month so I cannot understand why you would expect the rent to be £728 per month (i.e. 4 x £182).

Whether or not council tax should be included - that's a different issue - but with regard to £182 per week = £26 per day I don't think there's anything unclear or unfair about that.

I guess my issue is that I explained to the landlord when discussing rent that I wasn't prepared to pay over £800/month and he made me think that this deal would provide that which is why I went ahead. Yes it's my fault for not knowing or checking that most months have 30/31 days but I feel he knew this at the time and made that offer knowing that he would get over £800/month. Then adding to that is extra for council tax and making me pay for my own keys and not allowing me to use the tumble dryer.

girl_withno_name

Lets do a quick run down of the numbers here...

Rent is £182/week

Dividing by 7 gives £26/day

Multiplying by 365 gives £9490/year

Dividing by 12 gives £790.83/month

(In a leap year the rent is £793/month)

This monthly rent is less than the maximum £800/month you mentioned... Admittedly, in the 7 months with 31 days you'll pay £806 (=£26 * 31) but in the 4 months with 30 days you'll only pay £780 and in the one month with 28 days you'll pay even less at £728 (£754 in a leap year)

G_M

What do you want to achieve?
1) leave and live somewhere else> or
2) get the rent to include all bills as you expected?

I suspect 2 is a non-starter. You are sharing a home with the LL and either you accept his terms, or live there in constant argument/conflict or you move out.

You are a lodger, not a tenant. On the one hand you have few rights, but also few obligations.

* how long is the 'fixed term' you signed?
* have you paid a deposit?

I would be tempted to simply say nothing for now (it sounds like you will never reach agreement) but to quietly look for a newplace to live (bearing in mind you will not get a reference from him!).

Depending on the size of any deposit you have paid, you may have to accept you will lose it.

Once you have found a new place, simply give him a week or months notice, then move out. Ideally keep relations calm/friendly and say"I'm sorry but it has turned out more expensive than I thought. I can't afford it so will have to leave so you can find someone who can afford your rent".

If it becomes unfriendly/hostile, then just leave. Again, if he has a deposit, tell him to keep it in lieu of notice. If he has no deposit, give him a week's rent.

Yes, he may claim you still owe him rent (because of the fixed term) but he will have to
a) take it from your deposit (hence my comment above) and/or
b) sue you in a small claims court

b) is unlikely (even assuming he can find you) as it takes time/effort and you have, in any case, the defence you have outlined above.

Loopgames

Where is this place! I could rent a whole flat for that in london with bills included!

CIS

The contract states council tax and 'all outgoings for the property' must be paid for. Council tax was never mentioned before in his ad on spareroom.co.uk nor was it mentioned in any conversations I had with him.

As far as council tax is concerned the resident landlord is responsible for paying the council tax on the property so any dispute over that is purely contractual. He would need to take through the civil courts if he wanted to try and force payment from you.

agrinnall

Loopgames wrote: »

Where is this place! I could rent a whole flat for that in london with bills included!

Really? Where would that be then?

Loopgames

agrinnall wrote: »

Really? Where would that be then?

Well, i am looking at leytonstone.

You can get studios for £650 so include all the gas, water, electricity and council tax should come to about £800.

Other areas i know are ilford which is in the London Borough of Redbridge, so although has an essex address is still considered part of greater london.

Loopgames

Another one going for £575. I am loving the area too, just moved recently. Just a couple of stops from stratford, fabulous!