Never signed or saw tenancy agreement, can I leave early?

jjlandlord

Remember that if the tenancy is a joint-tenancy then all the joint-tenants must agree to the surrender for it to occur.

Guest101

MBer13 wrote: »

But why is it assumed (surely there are lots of houses where individual rooms are let with different rent values and contract lengths?) that I would have the same contract as other tenants? And how am I supposed to know the terms in their agreement?!

This in fact is almost exactly my situation, and the answer given is that I just have to give one months notice?:

landlordlawblog.co.uk/2012/01/23/can-i-move-out-when-i-like-if-i-signed-no-contract/

I'm not saying I'm correct, I just wanted an actual explanation, rather than people telling me I'm wrong! There is so much conflicting information.
Also, please could you elaborate on the surrender process?

EDIT: sorry, posted before I saw your response. Thank you G_M, that explains it pretty clearly!

So are you saying you pay a different rent then the rest of the house? - It could indicate that your terms were different. The original advert may also indicate this.

If your deposit is not protected, you can sue for upto 3x the value. Which would typically be upto 3 months rent. + your original deposit back. with this in mind most landlord would agree to surrender in return for you not suing. BUT you must check.

And no some stuff from the tenancy would be difficult to enforce, as you never agreed to it. But you would be deemed to agree to the principle points - rent and duration to name 2.

If they tenancy had an obscure term, then this would be difficult to enforce as you have, or may not have, agreed to it.

Guest101

MBer13 wrote: »

Also, I moved in after the initial tenancy started. The room was not advertised by the letting agent, and one of my (now) housemates showed me around the property. I then rang the letting agent to sort it. I returned to my course 4 weeks late so was catching up, it was all a bit of a rush. I just went in, gave my deposit and guarantor details, and moved all my stuff in. The tenancy agreement email came about a month later.

So you have a copy of the tenancy - what does it say?!

MobileSaver

MBer13 wrote: »

But why is it assumed that I would have the same contract as other tenants?

MBer13 wrote: »

The tenancy agreement email came about a month later.

Unless you notified the landlord that the tenancy terms and conditions were not acceptable to you, stopped paying the agreed rent and/or moved out at that time then you will have been deemed to have accepted the terms of the contract whether you signed it or not.

Guest101

MobileSaver wrote: »

Unless you notified the landlord that the tenancy terms and conditions were not acceptable to you, stopped paying the agreed rent and/or moved out at that time then you will have been deemed to have accepted the terms of the contract whether you signed it or not.

Probably the case, but it depends if she replied, and if so, what she said.

MBer13

No, I didn't receive a tenancy agreement. I just got an email asking me to go in and sign it. I have never seen it, but I know I'm not listed under it because one of my housemates requested a copy the other day and told me I wasn't named even though everyone else was.

As I said, the room was never advertised by the letting agent, it was advertised by one of the other tenants. I was thinking about playing the oblivious card and emailing the letting agent saying I thought when I moved in that the tenancy ended in June, but my housemate has just informed me it ends in August, although I'm not sure how well that would go down!

I will look into the deposit protection thing, thanks very much.

G_M

Who do you pay your rent to? The other tenant who advertised the room? You are a lodger.

Or the 'landlord'/agent? You are a tenant, and your tenancy agreement is... well, no need to repeat all the advice already provided.