Changed mind after paying deposit for a room

Claude_Money

I’ve paid a deposit to rent a room for 12 months. I’ve not signed a contract (I was going to sign it on the day that I moved in). I have however emailed the landlord to say that I want the room and that I will be paying the deposit.

I’m now having second thoughts about starting this university course. Can anyone please tell me if I would be liable to pay the rent for a year if I told the landlord that I no longer wanted to rent the room?

I know that the landlord had been struggling to find someone to rent the room, so I doubt that I’ll be able to find someone to take my place.

I feel bad about the situation and fully expect to lose my deposit!

Thanks

fishpond

"I’ve paid a deposit to rent a room for 12 months.
I have however emailed the landlord to say that I want the room and that I will be paying the deposit"
Confused as to how many deposits you have paid, if, indeed, you have paid any?

booksurr

to what does the "deposit" relate
- "holding" deposit?
- deposit against damage caused?

have you signed the tenancy agreement yet?
has the LL given you possession of the property yet?

Claude_Money

fishpond wrote: »

"I’ve paid a deposit to rent a room for 12 months.
I have however emailed the landlord to say that I want the room and that I will be paying the deposit"
Confused as to how many deposits you have paid, if, indeed, you have paid any?

I haven't signed a contract but I emailed the landlord to say that I wanted the room and that I would be paying a deposit. I then paid the deposit.

booksurr wrote: »

to what does the "deposit" relate
- "holding" deposit?
- deposit against damage caused?

have you signed the tenancy agreement yet?
has the LL given you possession of the property yet?

The deposit will be passed on to the DPS for me to claim back at the end of my tenancy. The landlord said that he would email me on receipt of the deposit to confirm that the room is reserved in my name. Which he hasn’t yet done.


I haven’t signed any agreement or taken possession of the property.

AFF8879

You certainly wouldn't be liable for to pay 12 months rent and I would imagine you should also have your deposit returned too, though getting it back might not be easy...

Claude_Money

Thanks. I was worried that my email could be binding in the absence of a contract.

I’m not bothered about losing the deposit as I feel bad about the situation.

Claude_Money

Stupid question but am I definitely only liable for the year’s rent once I have signed the contract?

I was due to move in tomorrow (so my contract would have started from then) but I have asked the landlord if I can move in Thursday instead, so that I have more time to think things through.

Mickygg

I think you need to be careful and get proper advice.
you will be pulling out after tenancy has started so that now gets complicated as of course you may now owe rent on top of the deposit paid. I too would usually be one to say you haven't signed so don't owe, but on this occasion I don't know the legal stuff behind accepting via email and on top of that tenancy starting.
I would suggest calling CAB but for me in the past they have been totally useless.

beanandbean

Claude_Money wrote: »

Stupid question but am I definitely only liable for the year’s rent once I have signed the contract?

I was due to move in tomorrow (so my contract would have started from then) but I have asked the landlord if I can move in Thursday instead, so that I have more time to think things through.

If you feel bad about the situation it's best to tell landlord now rather than mess him about another few days.

booksurr

Claude_Money wrote: »

Stupid question but am I definitely only liable for the year’s rent once I have signed the contract

a tenancy can exist without there being a signed agreement on paper

at the moment you have told the LL you wish to rent the property and the LL has accepted your offer, notified you of the rent payable in return for your right to live there, and agreed a move in date with you

"giving" and "taking" possession means the act of the LL saying how much rent and when you can move in, and in return you saying you want it and will move in on that date. The tenancy then commences from that date, it is irrelevant if you have not yet signed a contract as the tenancy in such a case would be a verbal contract

your problem appears to be you have some things "documented" in that there are e mails so you MAY have gone beyond the stage of verbal contracts and you are at the stage where you MAY need expert advice. If you physically move in tomorrow then the tenancy most certainly has started and you will be liable for the full 12 months rent unless you can negotiate with the LL for "early surrender". The LL can offer any terms he wants to for accepting such surrender and you are free to accept them or continue paying the full 12 months

your only hope is to negotiate with the LL, it is far too late now to try to wiggle out as i think the tenancy has already started since possession has been offered and accepted

danslenoir

booksurr wrote: »

your only hope is to negotiate with the LL, it is far too late now to try to wiggle out as i think the tenancy has already started since possession has been offered and accepted

I don't think this is correct.

Surely the tenancy start date is the date from which the tenant has a right to occupy the property, and date from which rent is owed.