Does he need to pay the rent?

rabbit_burrow

madsmum wrote: »

Hi all,

My son moved into a room a couple of months ago and has had numerous problems there. First the shower didn't work (this took three weeks for them to fix it) then he was broken into ( his friend called on him at the time and disturbed the intruder) his lock has not been changed and yesterday he found it on the latch when he returned from seeing a friend. The person who manages the property (440 a month) very rarely answers the phone and is hard to get into contact with. Anyway, my son lost his job last week and owes about £500. He has not signed any contracts at all, and I was wondering if he should leave the property and get somewhere else without paying? I know this is morally wrong but would appreciate your advice, as to whether he would get into legal trouble over this, if he did a runner so to speak? His nan has agreed to lend him the £500. The landlady has said that she will serve him with notice on Friday if he hasn't paid the rent.

Adice welcomed.

If he 'does a runner' he is still liable for rent. The rent will accrue, and his landlord can take him to court. I would not advise this route at all. He will need to speak to his landlord, as for the shower thing, he cannot withhold rent like someone suggested.

barvid

Verbal contracts do indeed hold up in court... they're just a lot harder to prove, for obvious reasons.

For a contract to be binding, there needs to be four elements. An offer and an acceptance, an intention to create legal relations, and "consideration". Consideration is very hard to define (entire books have been written about it) but it could be money passing from one contractee to the other. So if A places an advert in the paper for a flat to rent, and B agrees to rent it (offer and acceptance) and pays some rent (consideration) and they do actually intend it to be a tenancy then you have yourselves a bona fide contract, and B can't just up sticks and leave.

olly300

dannyboycey wrote: »

I hardly think a 'verbal contract' will hold up in court. :rotfl:

I suggest you read this:

http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

The tenancy agreement is a contract between you and your landlord. It may be written or oral.The tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and the your landlord’s right to receive rent for letting the accommodation......


In England and Wales, most tenants do not have a right in law to a written tenancy agreement.

http://england.shelter.org.uk/advice/advice-3179.cfm#wipLive-10065-3


Most landlords will give you a written agreement but, even if you don't have one, you still have rights. If the landlord accepts rent from you for living in the property, then any verbal agreement you have made counts as a legal agreement.

rosysparkle

May I just ask why, if the rent is £440 a month and your son only lost his job last week, the arrears are already 'about' £500? Has your son received his final pay from his employer?

When is the rent due?

cobbingstones

Thank you all for your replies. The 'runner' bit was a thought (naughty i know). He's paid his rent and that gives him 10 days to find somewhere else.

Cheers

MM