Losing deposit/fees/house because no contract

climbing_high

Hi all,

This is a little complicated so I will try to keep it clear:

2 of my housemates moved into the property I live in around a year ago. They moved in with 2 other people (4 in total) and signed a contract, paid a deposit and signed an inventory.

In July 2 housemates moved out. I and another girl signed a deposit form (I honestly can't remember what it was), moved in, paid the deposit and paid fees to the agent to get the contract sorted.

2 months later (mid-Sep) we finally get the contract to sign. By this point it is clear the girl who moved in with me is impossible to live with.

We ask the landlord for a delay whilst we ask the girl to move out and we find another housemate. During all this time we have paid the rent on time each month.

He then says he doesn't want a houseshare and can we all move out "as soon as possible".

I said I would move out in 4 weeks, the boys and the girl have yet to confirm.

My questions:

1) Can I get the agency fee (130) back as we were never actually allowed to sign the contract?
2) The landlord says that he can use the original inventory that I have not seen or signed - is this true? To be honest the property has been well looked after but I don't trust the landlord not to try and do us for all problems with the property.
3) If I move out on the day I told the landlord but the others dawdle for some weeks where does that leave me with the rent? The 2 boys have up to 8 weeks (according to their old contract) so may use all of that. The boys are telling me I have to pay rent even if I move out (as asked by the landlord) As far as I'm aware the landlord does not have to give me any notice as I haven't signed a contract.

I feel like my best option would be to not pay the next rent and live here for 6 weeks to get the value of the deposit back. This seems really stressful but I really cannot afford to lose the deposit (6 weeks rent) + the fees.

I'm so stressed out by this any help would be really appreciated.

honey1

Do you each have seperate contracts or have you all signed the same one?
What was the start date?
How long for (or what was the end date)?
Is your deposit registered in a scheme? Which one?

Your questions
1) I doubt it but what does the paperwork/receipt for the agency fee say exactly?
2) No
3) depends on your conract - see above

Fire_Fox

What a mess! :eek: Where is your deposit now, is it lodged with one of the three schemes? Was it lodged in just your name or as a joint deposit with the other tenants? Has the landlord served an Section 21 notice to quit on the household? Tenants have two months notice by law if the rent is paid monthly, regardless of the contract. You could be deemed to be in a tenancy because you have paid rent and it has been accepted, ask Shelter. If you are deemed to be in a periodic tenancy as the others are you can serve one months notice to quit coinciding with a rent period. When your rent period is would normally be in the tenancy agreement which you don't have!!

Please do not withhold your rent up to the day you leave that means the other tenants are liable and your deposit may still be held somewhere the landlord cannot access it. IMO you are not jointly and severally liable for the other tenants rent if you have not signed a contract, but you won't be able to get your deposit back if it is lodged as a joint deposit. You cannot be held to an inventory you didn't sign or see and took place a year before you moved in.

climbing_high

Honey1,

I haven't actually signed a contract at all. This is my main source of confusion!

I have seen the new contract, so assuming it is nearly identical to the last one we all have names on the same contract but it wasn't signed. The old contract was signed by 2 current tennants and 2 who moved out when I moved in.

I don't know when the end date of the old one was, other than it hasn't passed yet.

The deposit is in the Tenancy Deposit Scheme.

climbing_high

Thanks Fire Fox. It's definitely lodged as a joint deposit.

To be honest I'm happy to moving out - this whole situation has made the house make me unhappy and I have found a place to move to.

My concern is that one tenant is very underhand, I would imagine she won't pay the rent, so if the rest of us do we'll have to cover her rent from our deposits. This is the worst thing - we have no contract but the deposit was joint. I don't know where I stand with that or what law I can use.

I will try shelter though for advice. I'm a mature student and simply can't afford to lose 6 weeks of rent.

Fire_Fox

You don't have to sign a contract to be in one, contracts can be verbal or implied by getting keys, giving money etc which you have done. However that would be a contract between you and the landlord, and I don't *think* it is the same contract as the other tenants are bound by because you have not signed anything to make you jointly and severally liable for the whole rent but Shelter will confirm.

Has the landlord served an Section 21 notice to quit on the household? If not ask Shelter if you should serve notice to quit to end your mini tenancy, your own liability for a quarter of the rent. If it is a joint deposit who is the lead tenant? The deposit will be returned to them if all parties agree, so you would have to get it back from that person! It really is a mess.

climbing_high

I will check with shelter - fingers crossed! I've read a bit about verbal contracts - as we are paying rent and have the keys then I think that definitely counts but of course doesn't include the others.

Sadly I'm not the lead tenant, although the guy who is is trustworthy.

We have been verbally asked to move out, should receive written confirmation soon. However serving notice on my mini tenancy before I receive something written might be a good idea! Definitely phoning shelter first thing.

Fire_Fox

Please let us know what they say, it will help others in messy situations and helps us regulars give better advice. Good luck!