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Does not signing a contract mean anything agreed in email is not legally binding.

yz324
yz324 Posts: 74 Forumite
edited 21 August 2015 at 9:03PM in House buying, renting & selling
My girlfriend agreed to rent this room as a lodger for 500 pound a month, which is very cheap for where the room is.

When she agreed the rental, the woman she stayed with told her to pay 200 pound of deposit, which she paid in cash and has a received. They agreed (via text message) that if she was to move out, she will have to give 2 weeks of notice, but they did not actually sign a contract.

less than 3 month later, on 15 August, she was told the rent will rise to 650, because the place she rents the flat from is increasing the rent for the whole property. My girlfriend responded saying she is not accepting the rent rise and she is moving out 15th September.

However, today, she went house viewing and decide to rent a house jointly with 2 other people from 1st September. My girlfriend said, I am giving you notice to move out in two weeks time. (on the 4th)

The woman, however, insisted she should pay rent til 15 September, because she gave my girlfriend notice to move out.

I told her to threaten to sue and woman said she is not afraid. What I am asking is the following:

1. Since no (paper) contract is signed except for electronically, there is actually no case here for the woman right?

okay a change to question 2.

2. Although my girlfriend has previously said she will move out on 15 September, she still has the right today to say she is moving out on the 4th, because she followed the procedure?
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Comments

  • libf
    libf Posts: 1,008 Forumite
    Is it really worth getting into over about £150 worth of rent?
  • p00hsticks
    p00hsticks Posts: 15,151
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    yz324 wrote: »
    1. Since no (paper) contract is signed except for electronically, there is actually no case here for the woman right?

    Although it's easier to prove things one way or another if things are written down, a contract doesn't have to be committed to paper - even a verbal agreement can be binding
  • yz324
    yz324 Posts: 74 Forumite
    libf wrote: »
    Is it really worth getting into over about £150 worth of rent?

    she has contract to foot a year of internet bills already having stayed here for 3 month, also this woman has not treated us very well. we are not giving her a penny extra, isn't that why this forum exists?

    Also it is more like 200+ quid.
  • libf
    libf Posts: 1,008 Forumite
    edited 21 August 2015 at 9:07PM
    yz324 wrote: »
    she has contract to foot a year of internet bills already having stayed here for 3 month, also this woman has not treated us very well. we are not giving her a penny extra, isn't that why this forum exists?

    Also it is more like 200+ quid.

    Transfer the Internet to the new place.

    £500/30 is about £16/day. 10 days is about £160. Sometimes it's worth fronting up the money to avoid the stress. *shrugs* it'll certainly be cheaper than sueing.
  • yz324
    yz324 Posts: 74 Forumite
    p00hsticks wrote: »
    Although it's easier to prove things one way or another if things are written down, a contract doesn't have to be committed to paper - even a verbal agreement can be binding

    thanks, that is useful to know. Still, is shr entitled to change her mind about when to leave though, given this is within their agreement?
  • theartfullodger
    theartfullodger Posts: 16,036
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    Contract does not have to be written: Your g/f can sue landlady: Only the judge will decide who wins, but I wouldn't bother starting.

    However maybe sending her an LBA (see citizens advice website) 1st might "encourage" her to pay...
  • dimbo61
    dimbo61 Posts: 13,727
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    If she is paying for the Internet and cannot cancel or transfer then change the password.
  • yz324
    yz324 Posts: 74 Forumite
    edited 21 August 2015 at 9:12PM
    libf wrote: »
    Transfer the Internet to the new place.

    £500/30 is about £16/day. 10 days is about £160. Sometimes it's worth fronting up the money to avoid the stress. *shrugs*

    fair enough. She asked her to pay another 55 pound in addition to 200 deposit as rent from September 1st to 15th. If I was to do half way between demanding her money back and coughing up by just not paying that additional amount?

    maybe, we write her a notice with intention to sue to ask the rest of the money back, if we are going to court. if we do not succeed, we do not proceed to caught
  • libf
    libf Posts: 1,008 Forumite
    yz324 wrote: »
    fair enough. She asked her to pay another 55 pound in addition to 200 deposit as rent from September 1st to 15th. If I was to do half way between demanding her money back and coughing up by just not paying that additional amount?

    The landlady can leave your girlfriends stuff on the doorstep and change the locks, so I wouldn't go demanding anything.

    Coming to an agreement about her partially refunding the deposit with no further rent payments would seem a good way to go to me.
  • G_M
    G_M Posts: 51,977
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forumite
    yz324 wrote: »
    ....... They agreed (via text message) that if she was to move out, she will have to give 2 weeks of notice,

    ....My girlfriend responded saying she is not accepting the rent rise and she is moving out 15th September.


    ......My girlfriend said, I am giving you notice to move out in two weeks time. (on the 4th)
    Seems clear. The agreement was 2 weeks notice.

    She has given 2 weeks notice.
    she has contract to foot a year of internet bills already
    A assume that is an entirely seperate contract - between her and the internet provider? She can

    * ask the internet provider to transfer the contract to the new address (they may/may not agree
    * pay the internet for the remaining 9 months even though she moves out (and /or set up a password on it)
    * cancel the contract and pay any early cancellation fee - ask the provider
This discussion has been closed.
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