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

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Comments

  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IoanaP wrote: »
    I'm looking within 3 miles radius to my work place so I can save money on travel. I will move by myself in a one bed flat (2 if I find someone to share it with but I haven't so far) - that means the cost is ridiculous (if you think you also have to add bills on top). This place was 17 mins walking to work, 2 bed flat with living room, £1150 (all bills included). This is what I thought was decent and I'm looking for the same, a bit more expensive if it's a 1 bed.

    Seems counter intuitive to me.
    Central London is the most expensive place in the country to live.
    It’s cheaper to live out and spend £1.50 on the bus.
  • GDB2222
    GDB2222 Posts: 27,045 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Did you read my post no. 21? OP said she didn't pay any money to her prospective landlord, so there was no "consideration" - a box of chocolates would not be deemed "consideration".

    Consideration includes the requirement to pay rent.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • GDB2222
    GDB2222 Posts: 27,045 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    lisyloo wrote: »
    Seems counter intuitive to me.
    Central London is the most expensive place in the country to live.
    It’s cheaper to live out and spend £1.50 on the bus.

    It's no cheaper than that in the suburbs for a two bed flat in London. Take a look on RM.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Did you read my post no. 21? OP said she didn't pay any money to her prospective landlord, so there was no "consideration" - a box of chocolates would not be deemed "consideration".

    No consideration having changed hands doesn't mean there isn't a valid, enforceable contract. Example: you order double glazing to be fitted to your house, sign a contract which states that payment is to be made upon installation, but on the day the fitters come you open the door and say "sorry, I've changed my mind". Do you think you can close the door on them and not owe them a penny? Of course not.
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Did you read my post no. 21? OP said she didn't pay any money to her prospective landlord, so there was no "consideration" - a box of chocolates would not be deemed "consideration".


    It’s an anticipatory breach.
    Consideration can be a promise.

    Same principle as someone signing an employment contract and then giving backword before starting the job. Of course in such circumstances it’s rare for the employer to go to the hassle of chasing the prosepective employee.
  • Then, in answer to your question "can I sue her?" - No, you can't. There was an Offer and an Acceptance, but no Consideration so there is no valid contract (it doesn't matter that you wanted to pay a deposit, in the end you didn't). With no valid contract, you can't sue her for breach of it.
    I'm sorry this isn't what you want to hear, but it is the Law.
  • Your example is utter nonsense. I have had three lots of double-glazing units installed in different houses and on every occasion I have been required to pay a deposit at the point of signing the contract, with the balance payable upon installation. Please give me the name of the double-glazing firm you believes operates the way you describe and I'll contact them to point out how foolish their business practice is.
  • IoanaP
    IoanaP Posts: 18 Forumite
    lisyloo wrote: »
    Seems counter intuitive to me.
    Central London is the most expensive place in the country to live.
    It’s cheaper to live out and spend £1.50 on the bus.

    There was one bed flat in Gants Hill (where I currently live) for £1100 (no bills). Add around £200 on travel :)
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Your example is utter nonsense. I have had three lots of double-glazing units installed in different houses and on every occasion I have been required to pay a deposit at the point of signing the contract, with the balance payable upon installation. Please give me the name of the double-glazing firm you believes operates the way you describe and I'll contact them to point out how foolish their business practice is.

    Ok - you don't like my example. Try order a sofa from DFS etc, etc

    The concept is still the same.
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Then, in answer to your question "can I sue her?" - No, you can't. There was an Offer and an Acceptance, but no Consideration so there is no valid contract (it doesn't matter that you wanted to pay a deposit, in the end you didn't). With no valid contract, you can't sue her for breach of it.
    I'm sorry this isn't what you want to hear, but it is the Law.

    Are you a lawyer?

    I do hope not.
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