Another dodgy landlord (!) and verbal agreements.

shamac

We are taking our landlord to court over not returning our deposit. He has ignored all our letters since January but has put in a defence to our claim saying that we broke our contract and he had 2 months with the house empty which he wants us to pay for.

We had a 12 month tenancy with a 1 month in writing get out clause after the first 6 months were complete.

At the end of the 12 months we asked for a further 12 months and went to the estate agent who did the original tenancy and they said they would draw up the contracts. The estate agent never drew up the contract and we didn't bother chasing it up as we felt we had a good relationship with the landlord (yes i know !!!) we just never got round to chasing it up. After 6 months our new house was habitable so we decided to ask if we could leave which the landlord agreed to. We gave him 3 months notice in writing and left in January this year.

His subsequent tenants (who we showed round) never turned up-he told me he felt "very let down" by them. So the house must have been empty for a couple of months.

He now says we had a "verbal agreement" by telling the estate agents we wanted to stay for 12 months-and he wants the rent for 2 months-this is just his excuse for not replying to our letters and so he doesn't want to pay.

Does he have a case??? If our original tenancy hasd a 1 month get out clause would this just carry forward??? Was giving 3 months notice enough??

What a nightmare-will never rent again I can tell you!

sooz

tell him to p... off.

If your agreement was not renewed, it became a periodic agreement. As such, you would have only needed to give one month's notice. You gave 3!

olly300

soozz is correct.

All you should state in your claim is:
1. That you had a written tenancy agreement drawn up by a letting agent
2. When the written agreement started and ended.
3. When you moved out and the notice you gave
4. That you were never given a new tenancy agreement.
5. The cost of the deposit you are claiming.

Remember it's your word against his and the only proof are written documents.

Gorgeous_George

A verbal contract does stand.

However, you say the original agreement had a break clause after 6 months. Therefore, it may be reasonable to assume that the new verbal agreement would also contain such a clause.

I think you have been more than fair (but then, I've only read your view of the case). A court should agree with you on this one.

The new TDS ought to stop problems like this in the future.

Good luck.

GG

shamac

Am filling in my allocation questionnaire as we speak-what do you think if this

"At the end of our shorthold tenancy on 30th April 2006 we asked for a 12 month extension. As no new agreement was provided we regarded this as a periodic agreement. we provided 3 months notice in writing in October 2006 that we wanted to leave on january 31st 2007. We did so and met all the other conditions of the tenancy. We are claiming a refund of £650 and our court costs."

Does this sound ok-should I include copies of the tenancy etc at this stage or does that happen later?

guppy

Just asking for it verbally doesn't form a contract. I assume when you asked for it the intention was a new contract would be drawn up. In practice a verbal contract is worthless...how can anyone prove it to a court?

I also think your landlord is taking the p, trying to have his cake and eat it.

As a side note: I'd recommend making no reference to the verbal conversation in your claim...you are overcomplicating things to your disadvantage.

The verbal conversation is irrelevant. There is no way of proving to the court it even took place, let alone what was said. Let the landlord do that if needs be.

The only thing you need to prove is that you paid the deposit which is being illegally withheld. Let the Landlord try and prove the existence of a second contract, which he will be unable to do without it being in writing.

I honestly think your Landlord is being an unreasonable clown, and IMHO if he turns up at court and says there was some form of vague verbal contract for a further 12 months overriding the statutory periodic tenancy, he won't stand a chance.

Good luck.

Notlob

Surely, A contract is made when agreement has been reached i.e. you say you want it, they say you can have it. Did they say you can have it?

If nothing happened after you requested the extension, I would argue that the tenancy became a periodic.

Notlob

Guy_Montag

Gorgeous_George wrote: »

A verbal contract does stand.

However, you say the original agreement had a break clause after 6 months. Therefore, it may be reasonable to assume that the new verbal agreement would also contain such a clause.

I think you have been more than fair (but then, I've only read your view of the case). A court should agree with you on this one.

The new TDS ought to stop problems like this in the future.

Good luck.

GG

I sort of get your point, if I make an agreement with my landlord that I will stay on for 12 months that is one thing.

If I ask for a new 12 month tenancy agreement & it is never produced to be signed that is something quite different.

Notlob

Shamac, Just a quick quiery. When did the tenancy commence?

Notlob

Guy_Montag

Notlob wrote: »

Shamac, Just a quick quiery. When did the tenancy commence?

Notlob

I like your thinking, but they moved out in Jan.

Notlob

I like your thinking, but they moved out in Jan.

I thought you were blessed with ESP but upon re-reading the question, I realised I suffer from tempory blindness!

Notlob