Can I walk away if I have not signed a tenancy agreement?

JuanitoBurns

Hi guys,

I am currently looking for a rented apartment, and last week, found one I liked. So far, I have signed (via an estate agent) :

1. A tenancy fee declaration form
2. Agreement to credit checks
3. Bank/standing order details
4. Maintenance issues form
5. Confirmation I received a "How to rent guide"

However, now I am not entirely sure whether the apartment is right for me. As I have not signed anything that represents a tenancy agreement, I was wondering what my options are about walking away from the apartment. I have read about tenancy agreements can be verbal and I have kind of agreed to rent the place over the phone to the estate agent. Could they use this to enforce the agreement?

Thanks in advance!

dimbo61

Have you paid any money for fees ?
You have not signed a tenancy agreement or paid a deposit ?

G_M

Yes. A contract can be verbal. If you and the landlord/agent have agreed either verbally or in writing, to a contract to let the property, then that contract is binding.

However as you have not moved in, there is as yet no tenancy.

You could be liable for the landlord's costs/losses resulting from your breach of contract eg lost rent until a new tenancy is arranged with someone else.

JuanitoBurns

Yes, so far I have paid a set up fee (£200) to the estate agent. I have also signed a document accepting the deposit, rent, other fees and provided my bank details... but they are not taken until credit checks/references etc are completed.

Just wondering, how likely is it the agent will ask for costs/losses and lost rent and how much?

csgohan4

Only the EA will be able to tell you how much you will lose. Is it written in the T+C? I can't read it from here

JuanitoBurns

Theres isnt anything in the t&c's about the amount, the only time its really mentioned is this in the UK tenantdata letter:
"I understand that should I withdraw my application at any time... my application fee will be forefit".

The forms I have signed so far are quite 'light' in terms of terms and conditions and that is why I am wondering how likely I will be able to walk away from this without any consequences besides losing my application fee.

JuanitoBurns

Just wondering, is it usually common to sign a more detailed tenancy contract - i.e. one which highlights the full terms?