Landlady changed her mind about renting after signing the contract - Can I sue her?

lisyloo

onwards&upwards wrote: »

She sounds like someone who came up with a bad plan and then thought better of it so stopped it before it started.

Not good for you because you were caught up in it but why would you want to sue? It seems like it would just be vindictive to someone who’s probably not a bad personality and wasn’t malicious. You can be the better person and just move on.

There is another point of view.
Yes she made a mistake perhaps an honest one but she involved other people and needs to take responsibility for that.
Plus there are genuine losses eg. Extra costs for finding short term accommodation. Why should she pay for that? That’s. It vindictive that just her being asked to pay the costs of her mistake.

Why is it better to let her off the hook so she can do the same to someone else? And why should the op just swallow the costs?

That’s not being vindictive. That’s just being fair.

If she was remorseful she should have offered to help already.

NinaSwiss

If you are still keen to sue, here are a few guides for you. I believe you start with 'letter before claim' letter giving them 14 days to re-reimburse loss.

There are no guarantees you will win and you may incur costs if you lose (e.g admin costs or expenses incurred by the person you are suing).

https://www.moneysavingexpert.com/reclaim/small-claims-court/

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/

SpiderLegs

IoanaP wrote: »

Hey,

This is what I found on Google:

The landlord’s liability to you
If the landlord can’t honour his side of the bargain then you are entitled to sue him for

• Any extra costs incurred by you for accommodation and
• General damages for stress and inconvenience

So that means that if you are able to find somewhere else to live but it is £200 pm more expensive than the property you had signed for – the landlord is liable to pay that £200 per month to you (for the fixed term) as it is a loss you have suffered as a result of his breach of contract.

The landlord will also be liable for the additional (reasonable) cost of any hotel accommodation if it takes you a while to find accommodation. Plus the cost of storage of your possessions in the meantime.

I already gave notice to the people I'm sharing a house with, I am only staying here for a month because of their good will. But in 3 weeks I will have to move out and I doubt I will find a good place so quickly.

It doesn’t sound like you have any losses tbh.

A month is plenty of time to find somewhere else so maybe spend time doing that rather than worrying about trying to sue someone for £4.50

onwards&upwards

lisyloo wrote: »

There is another point of view.
Yes she made a mistake perhaps an honest one but she involved other people and needs to take responsibility for that.
Plus there are genuine losses eg. Extra costs for finding short term accommodation. Why should she pay for that? That’s. It vindictive that just her being asked to pay the costs of her mistake.

Why is it better to let her off the hook so she can do the same to someone else? And why should the op just swallow the costs?

That’s not being vindictive. That’s just being fair.

If she was remorseful she should have offered to help already.

What extra costs?

lisyloo

onwards&upwards wrote: »

What extra costs?

The op needs to find somewhere to live short term.
Accommodation for the short term (hotel, air b&b) is usually more expensive than long term lodging or rental so to be absolutely clear losses would be
Unavoidable short term costs MINUS expected long term costs
The op has a duty to mitigate their losses and not book Buckingham palace but if the kindness of friends is at risk or has expired then genuinely incurred losses should be claimable.

We don’t know what the extent of the ops losses will be and if they’re were £4.50 I’d join in with the “suck it up” brigade.

However do you not agree in principle that unavoidable costs fare short term accommodation are claimable providing the op takes reasonable steps to mitigate losses? Including efforts to find somewhere else.

I would personally be concentrating on the accommodation search but I understand the ops needs to work out where they stand right now.

If you don’t think genuine losses for extra costs for short term accommodation are claimable please clarify why.

00ec25

IoanaP wrote: »

Hello Everyone,

Google says I can, but I just wanted to see if anyone has been in this situation.

So after almost 2 months of searching I found the perfect place for me. I liked the landlady, she seemed to be a good person. When I asked her about moving forward with the process through OpenRent she said that she would rather not to… I tried to explain that I would feel safer and more protected if we had a contract in place (because of a bad experience in the past). yet your bad experience had not taught you the difference between a lodger and a tenant?

She said she previously used a Lodger Agreement. At the time I had no idea what that was. really? But after a quick research, I found out. So I agreed to meet, we signed one of those with start date of 2nd March and an anexe (handwritten by her) to the agreement that basically gave me full tenant rights and mentioned the period of the agreement being valid for 6 months and roll on a monthly basis (as the agreement didn’t have one). so despite your research you signed documents that you knew were in direct conflict with each other

I tried to negociate the price but she was not flexible. As a gesture of good will she said she trusts me and doesn’t want a deposit. I made it clear to her that I have the money to pay the deposit but she didn’t want to. After we signed the contract she asked me if I would mind if she doesn’t registers it until September because she has some sort of benefit for her baby (free day care or something like that) and she will lose it if she had to declare income. At that point I felt like it was too late to say something and I was already desperate to find a place. We sealed the dealt with me giving her a box of chocolate as a sign of appreciation and she hugging me in tears. I’m mentioning all of this because I genuinely thought she was a good person.

This was happening on the 20th February. On the 1st March we agreed to meet again so she can give me the keys and I would pay the rent and set.up a monthly standing order so I can move in the next day.

On the 27th Feb I met with a girl she found to see if we would be suitable to live together. I called my landlady after the meeting and said that I am fine with her. The next day at 10am I asked her via text if she decided anything about the new person and she said that she agreed and let’s see how it work. At 2pm that same day she called me to say that she changed her mind and she doesn’t want to rent the place anymore. I asked why and she said that it’s hard for her to find trustworthy people… I explained I understand, that was why I offered to help her find someone for the other room but she kept saying no… I was speechless…

I tried to call her the next day but she wouldn’t take my call. I called the girl I met to see if she knew anything about why the landlady changed her mind. She said she told her she “found another way”. So clearly it had nothing to do with me.

So I emailed her with an article from Google and told her that I don’t want to have to sue her and cause harm with asking for more money but she doesn’t give me a choice… Then she sent a long email blaming me for a bunch of (made up) reasons.

Now from a legal perspective I think I can sue her from what I read on the Internet. But my question is what should I do next…? What expectations should I have for a resolution? What kind of lawyer do I need?

A big Thank you to everyone who managed to get so far and for any suggestions about how I should proceed.

Kind Regards,
Ioana

sue her for the price of the box of chocolates

the rest of your post shows that you a just a money grabbing chancer

G_M

IoanaP wrote: »

Hello Everyone,
Google says I can,
Google is not god.
Google is American
Google is full of some very helpful, and very misleading, information
......

She said she previously used a Lodger Agreement.
1) So you plan to move in as her lodger? Not as a tenant? (very different law)

....we signed one of those with start date of 2nd March and an anexe (handwritten by her) to the agreement that basically gave me full tenant rights and mentioned the period of the agreement being valid for 6 months and roll on a monthly basis (as the agreement didn’t have one).
2) as above - will you be a lodger or tenant? Please describe the set up in detail
3)please quote the hand-written notes in full please.
4) Pease quote in full as this is vague -
a) is this a 6 month fixed term? Exact dates please.
b) is there a Break Clause? Exact wording please.
c) or is it 'roll on a monthly basis' from the start? Exact words please.

......l she said she trusts me and doesn’t want a deposit.
OK - her choice.

...... After we signed the contract she asked me if I would mind if she doesn’t registers it until September
5) there is no deposit to register
6) rent does not need to be registered
7) if you are a lodger, there is no requirement to register anything

because she has some sort of benefit for her baby (free day care or something like that) and she will lose it if she had to declare income.
8) OK - her choce to commit Beneft Fraud. Up to you whether o report
9) Is se also claiming single person discount on Council Tax? If/when youmoved in she'd have to give that upor commit CT fraud too..

At that point
................
This was happening on the 20th February. On the 1st March we agreed to meet again so she can give me the keys and I would pay the rent and set.up a monthly standing order so I can move in the next day. OK

On the 27th Feb I met with a girl she found to see if we would be suitable to live together. I called my landlady after the meeting and said that I am fine with her. The next day at 10am I asked her via text if she decided anything about the new person and she said that she agreed and let’s see how it work.
10) so you would be.... joint tenants on a single contract? Seperate tenants? Seperate lodgers? See Qs 1 & 2 above.

At 2pm that same day

11) 28th Feb?she called me to say that she changed her mind and she doesn’t want to rent the place anymore...I offered to help her find someone for the other room but she kept saying no… I was speechless…
12 Why on earth are you doing her job for her unless you are going to be joint tenants? Please see Qs 1, 2 & 10 above

So I emailed her with an article from Google
:rotfl:
and told her that I don’t want to have to sue her and cause harm with asking for more money
:rotfl: but she doesn’t give me a choice… Then she sent a long email blaming me for a bunch of (made up) reasons.
Oh dear .....

Now from a legal perspective I think I can sue her from what I read on the Internet.
13) please provide your sources. Quoting 'the internet' is just a joke!

But my question is what should I do next…?

What expectations should I have for a resolution? What kind of lawyer do I need?
14) Do?
a) Find somewhere to live
b) consider whether you really have a legalcase or not
c) if you believe you have a legalcase, decise how much you can sue for
d) decide if c) aove is worth the time, stress, hassle and cost
15) expectations? Based on your post, I ould expect no 'resolution' from her. Sue or walk away.
16) you don't need a layer. Either
a) CAB
b) Shelter
c) own (serious) legal research

Assuming you have a valid contract, you can sue for your consequential losses.

eg if you were genuinely unable to find somewhere else between 28th Feb and 1st march, and were homeless and had to book into a hotel, you could claim for the hotel. And meals out as unable to cook.

You would have to minimise your costs eg avoid the Sheraton! And genuinely seek another.... whatever this was (tenancy? Licence?)
If you incur duplicate costs finding somewhere else (eg vettig/admin fees if already charged by her) you could claim those

Nobbie1967

lisyloo wrote: »

The op needs to find somewhere to live short term.
Accommodation for the short term (hotel, air b&b) is usually more expensive than long term lodging or rental so to be absolutely clear losses would be
Unavoidable short term costs MINUS expected long term costs
The op has a duty to mitigate their losses and not book Buckingham palace but if the kindness of friends is at risk or has expired then genuinely incurred losses should be claimable.

We don’t know what the extent of the ops losses will be and if they’re were £4.50 I’d join in with the “suck it up” brigade.

However do you not agree in principle that unavoidable costs fare short term accommodation are claimable providing the op takes reasonable steps to mitigate losses? Including efforts to find somewhere else.

I would personally be concentrating on the accommodation search but I understand the ops needs to work out where they stand right now.

If you don’t think genuine losses for extra costs for short term accommodation are claimable please clarify why.

So far the OP has been able to extend their current accommodation for a month. A judge may well consider a month more than enough time to find suitable alternative lodging. It doesn't sound like the arrangement with the landlady was particularly cheap as the OP tried to negotiate it down.

With the limited information given, I doubt it will be worth the effort to bring this to a court. The OP is talking about using a lawyer, but the costs will probably exceed any compensation and I don't think those costs are recoverable in the small claim court.

onwards&upwards

lisyloo wrote: »

The op needs to find somewhere to live short term.

Does she? She’s got three weeks left of the notice she gave for her current house share, and as a lodger there’s flexibility and she may well be able to stay a bit longer if needed.

Around here, that’s plenty of time to find a new rental/lodgings/room in a houseshare. No need for hotels.

[Deleted User]

For a contract to exist there has to be Offer, Acceptance and Consideration. "Consideration" is money. Unless I've misread what you wrote, I don't believe you have a valid contract because you didn't pay her anything - she said she trusted you so wouldn't take a deposit? Clever. A box of chocolates doesn't cut it. Lick your wounds and move on - it all sounded a little irregular anyway and you may have had a lucky escape.