Landlord/renting advice needed.

pineapple

2/3 weeks back I came to an informal arrangement with a private landlord and gave him a deposit though nothing in writing. So trust on both sides (don't shout at me I know!). The deal was for me to move in around 8 January. After viewing I realised I needed a couple of details - such as measurement of the fridge/freezer space. Mailed him immediately on my return from viewing but no response.
Eventually after pushing I got an 'Everything is fine I've just been busy' reply then after more pushing, the answer to just one of 3 questions with an excuse that 'he hadn't been well'.
I note the property is still on Gumtree. Of course he could just be getting together a waiting list in case I give backword.
It's a good 2 hour drive and I can't just bomb up the motorway to collar him. I'm a bit worried that even if genuine, he might be a bit flaky - I'm a single female, it's a rural spot with few neighbours and he lives next door!
So have started looking elsewhere. Ready to kiss goodbye to my deposit. Could he take action against me if I do give backword?

Or do you think I am worrying unnecessarily?

Pixie5740

You haven't actually signed a tenancy agreement yet or paid rent so I think (and I could be wrong) that a tenancy doesn't exist yet.

I wouldn't necessarily get ready to kiss your deposit goodbye but you're right in thinking this LL is a bit flaky. Do you have any kind of receipt or proof that you've paid this man a deposit?

pineapple

The terms were a months rent in advance plus a bond - equivalent of one months rent. I paid the equivalent of half a months rent on viewing - he asked if I wanted a receipt and believe it or not I said no! On my return I sent a cheque for the other half.
The verbal deal was the tenancy would start on the 8th and I could have 3 months, 6 months or whatever I wanted. He seemed quite trusting and laid back (maybe too laid back?).
As I saw it there was risk for both of us. But it suited my circumstances. Exchange of contracts on my house sale is still pending and I'm finding that letting agents aren't interested unless you have actually exchanged.
Not bothered about the deposit tbh - it's quite a cheap rent. I'm just getting jittery about whether this whole thing is to be trusted before I head up into the middle of nowhere homeless with all my worldly goods. :eek:

G_M

There s no tenancy till you take occupation, as pixie says.

However, there is clearly a contract. You have mutually agreed the rental, and you have made a payment.

In your first post you say you paid 'a deposit', which I assumed was to hold the property for you - a 'holding depposit'.

In your 2nd post you describe your two payments as being the first months rent.

Which is it? Clearly the lack of paperwork does not help since it is probably not clear to the LL or yourself what you've actually paid for!

* If you fail to move in, the contract means you could be sued for any losses the LL incurs (eg lost rent till he finds a replacement tenant.
* If what you've paid is a non-refundabe deposit, that is lost.
* If it was rent, and the tenancy never starts, it should be reunred.

But he best solution is to reach an amicable agreement with the LL. If you don't now wish to take up the tenancy, tell him, request your 'rent' back, and see what he says (he may tell you it was a deposit, not rent, and you forfeit it).

pineapple

You are right about it being murky- which is my own fault and possibly his too. It's a lot of trust on his part as well - he doesn't even have my address.
I did a google search on him and he was a financial adviser at one point! :eek:
He mentioned being let down previously by a would be tenant the day before she was due to move in (maybe she had the same issues as me). This was the reason for taking an advance which however was referred to as a deposit. I regard it as a non refundable deposit which however would be set against the initial payment once I move in.
Thinking off the top of my head now.
Maybe I should ask for written clarification plus a proper tenancy agreement to be signed plus the fridge/freezer space (for the 3rd time) before I head up the motorway with a very expensive removal van. The fridge issue sounds unimportant but I have a dog requiring a special diet and I need to be able to refrigerate food from the off. Had been hoping to get something in a sale or from Gumtree/Freecycle before the move. If I don't get a satisfactory response then time to cut my losses and move on. I very much doubt he would take any legal action.
Cheers

fishpond

If you have his address, write to him, giving your concerns and asking him to ring or email.

theartfullodger

Spent £3 on land registry & check he is named as owner

[Deleted User]

I think you need to be a bit more careful. Small claims courts are kept very busy by situations like this. No one should automatically be trusted.., except by someone who wants to lose money. I can think of charities that are far more deserving lol. However much you can 'afford' to lose the money.., see previous sentence lol.

I know it is a sad world where these things have to be said and remembered.., but it is as it is.

pineapple

theartfullodger wrote: »

Spent £3 on land registry & check he is named as owner

Cheers. I did a search for him and he is listed at that address - which is a farmhouse with two barn conversions which he lets out.
What bugs me though is that 3 weeks ago I asked him if I could have a measurement of the space in the kitchen left empty for a fridge/freezer or fridge and freezer. It's not as if he didn't get the email as he answered something else from that and a subsequent email. I've asked 3 times now. And now I've missed the opportunity of some appliances on freecycle.
It's not as if he's been away. He's been 'busy' and he's been 'poorly' :huh:
It makes me wonder whether he has actually already got a tenant in there and is keeping me on a back burner.
Maybe I should send him a letter by registered mail. Maybe I should say that failure to respond will be taken as a breach of agreement. There again that would be me acknowledging in writing that there was 'an agreement'. Makes me wonder whether I should just cut and run anyway.

theartfullodger

A crook & cheat would probably refuse to sign for anything registered.

Send him a letter, with **free** "Proof of postage" from 2 different post offices.

I would send him in that letter an LBA (Letter before action) - see CaB site for examples - stating if he doesn;t settle you will sue. May make him wake up

G_M

Perhaps he has been 'busy/poorly'. Perhaps he is sincere but inefficient/amateurish.

I would have just taken the items off freecycle - you can always freecycle them back later if they don't fit.

The measurment issue is minor. The key issue is whether you will be able to move in as agreed or not.