Landlord had a change of heart and now we're stuffed!

hammyloo

Hi,

So me and my partner signed and paid a deposit for a tenancy starting in September whilst we studied at University. Unfortunately, things changed and we can no longer start university, so we had to start looking for a non student property to live in.

The landlord was rang about this before we started viewing properties and he was really understanding and said that it was fine, he would just keep our deposits and that was the end of it, the contract would be ignored, which we were delighted about.

So over the following week, we found a great place to live and have signed a contract for elsewhere for 6 months all fine and dandy, the old landlord was text stating we would hand the keys back at the end of Jul (currently live in the property the contract in question was a new signed for Sept-Jul 15 tenancy) to which he replied, yes thats fine.

However, the day after signing for the new property, the old landlord drops a nice bombshell that he won't be allowing us out of contract! So now were contracted to two places and are looking at paying over £1200 pcm in rent! (live in the midlands)

Really don't know what we can do at this point in time. The only proof we have is a text from him stating that he was okay with us handing the keys back and call logs. Our income would only just cover our rent for both places, no bills or food etc.

princeofpounds

Really don't know what we can do at this point in time. The only proof we have is a text from him stating that he was okay with us handing the keys back and call logs.

Well, it was stupid to do this over text only, but at least you have some record of it.

I don't know what the text said, but if it is clear enough, I would tell him to go whistle and defend yourself in court if it comes to that. You will win if it is good evidence.

The LL will have a duty to mitigate any losses, so he needs to prove that he has searched for alternative tenants, that is another relevant angle.

hammyloo

Yeah, we've already attempted and still are attempting to find new tenants, not because he asked.. but because we felt we would do as a good will gesture! and we know full well he's not attempted to find anyone else.

And yeah, I wasn't the one who sent the text, so I can call the partner stupid



In my opinion, I think we should just tell him where to shove it. We have no guarantors, moving to an unknown address and we do have evidence, including other witnesses who know he said "It was okay and wed just lose our deposits" IMO, he's got greedy at the last minute

agrinnall

I don't really understand why you had to look elsewhere at all, why did you not just take up the tenancy you had already agreed? The property doesn't care whether the people living in it are students or not, and as the LL is holding you to the tenancy it's clear he doesn't care either.

Confusedandneedhelp

Why did u need a non student house?

Just curious.

japmis

can't you give 2 months notice on the property you don't want?

frisbeej

I think until you actually start the tenancy, by moving into the property, the contract isn't in force.


Someone more knowledgeable or Shelter should be able to expand on this. You'll loose a deposit but that's it.

G_M

japmis wrote: »

can't you give 2 months notice on the property you don't want?

1) you cannot give notice to end a tenancy that has not yet started
2) you cannot give notice to end a fixed term tenancy (unless there is a Break Clause)

However, that is just a correction for information only.

In this case,
a) the tenancy has not yet started, so we are simply looking at breach of contract, not ending a tenancy
b) there is some evidence (text) of mutual agreement to terminate the contract
c) legal action is a pain

I would be amazed if the landlord took the OP to court. Give up the deposit (as agreed) and avoid excessive communication beyond a simple statement that agreement to terminate the contract was reached on (date) and confirmed by text.

Then wait. As I said, I think you will hear a certain amount of bluster but no actual court action.

G_M

frisbeej wrote: »

I think until you actually start the tenancy, by moving into the property, the contract isn't in force.


Someone more knowledgeable or Shelter should be able to expand on this. You'll loose a deposit but that's it.

The contract is in force.

The tenancy is not.

frisbeej

G_M wrote: »

The contract is in force.

The tenancy is not.

Good point, so the landlord could only sue the OP for the costs of finding a new tenant and lost rent (which shouldn't be an issue if it's a student let)?


But I guess the landlord should also return the deposit?

hammyloo

Confusedandneedhelp wrote: »

Why did u need a non student house?

Just curious.

If you read the original post, circumstances have changed meaning were no longer going to university. No longer students. And the comment on it doesn't matter if were students or not. The LL doesn't accept non students in the property due to multiple reasons such as CT, insurance ...