Tenancy agreement was coming to an end but then we exchanged some messages

randomhuman

Hi, I am looking for some advice.
Basically my 12 month tenancy agreement was coming to an end and because not many properties are on the market right now, I asked the current landlord for the possibility of renting for another 12 months.

We exchanged some text messages discussing some terms but a week later I have found a property. I have messaged the current landlord to say I am sorry but we are moving out. We never signed a new contract for another 12 month period and in the text messages I never actually agreed to another year, I was simply asking questions.

Now he is saying that I need to pay another month because the contract was automatically renewed when I asked if he would be willing to sign another 12 month and that I should be lucky he is not making me pay 6 months.

I am looking to find who the right person is in this case. The text messages asking for the possibly of extending the contract by another year were on the 14th and I messaged him to say we are leaving on the 25th. Can he force me to pay for another month and if so, how would he do that? Can it be retained from the deposit?

Fi433322

If your 12 month fixed term end date hasn't passed, you can just move out on that date and are no longer bound to pay and further rent.  If that's your sceanrio, the landlord is trying to pull a fast one.  Make sure you know all the details of your deposit scheme and be prepared for him to be difficult in returning the deposit, but legally he can't retain any for non payment rent if you're leaving at the end of your 12 month fixed term.  This is assuming you live in England.

randomhuman

Yes, living in England. Our contract is due to end on the 10th of September.

In our previous messages I asked whether signing a new 12 month contract would be an option to which he replied 'that is final, you are staying another 12 months'. I never said yes or no, I just wanted to know if that was an option.

I asked if he would sign a contract as we have had issues in the past in regards to him trying to get away without a contract. Then he said he would sign one and I was meant to send him one that I found online for both of us to sign, which obviously hasn't happened yet. 

Comms69

Just leave, the guy is a fool.

randomhuman

Comms69 said:

Just leave, the guy is a fool.

I told him I am leaving on the 10th anyway, I just want to know if he can actually force me to pay.

Comms69

randomhuman said:

Comms69 said:

Just leave, the guy is a fool.

I told him I am leaving on the 10th anyway, I just want to know if he can actually force me to pay.

No. A contract requires offer and acceptance. 

Fi433322

No legally he doesn't have a leg to stand on, a small claims court is likely to laugh at him if his 'evidence' of a 'contract' is a few text messages.  He'll likely huff and puff and threaten to take you to court, but these idiotic landlords rarely bother to if you make it clear you know your rights and stand up to them.  Another favourite they like to pull is saying they are retaining your deposit for xyz that needed professionally cleaning and how they spent £££ redecorating.  Ask to see copies of the receipts and I gurantee you they're lying and will return your deposit if you tell them you're raising a dispute with the TDS.

greatcrested

It's not quite as clear as people are suggesting.

A contract can be formed in many ways: written on paper, email, orally.... or yes even text.

As Comms69 says above "A contract requires offer and acceptance" so in this instance it depends exactly what the texts say.

Certainly from your description there was no contractual agreement, but to be sure, please quote all the texts.

randomhuman

Fi433322 said:

No legally he doesn't have a leg to stand on, a small claims court is likely to laugh at him if his 'evidence' of a 'contract' is a few text messages.  He'll likely huff and puff and threaten to take you to court, but these idiotic landlords rarely bother to if you make it clear you know your rights and stand up to them.  Another favourite they like to pull is saying they are retaining your deposit for xyz that needed professionally cleaning and how they spent £££ redecorating.  Ask to see copies of the receipts and I gurantee you they're lying and will return your deposit if you tell them you're raising a dispute with the TDS.

I am 100% sure he will not be making any claims for decorating as I have pictures of the flat on the day we moved in and it was an absolute joke, the state it was in. We have cleaned it and I plan on leaving it in a good condition anyway. Will be taking pictures just before leaving as well.

I will also be taking him to court for late deposit protection, as he protected it over the 30 days period. I was going to let that go as it is not worth my time and energy but decided to go ahead with it all due to the messages I have been receiving from him.

cooltt

randomhuman said:

Fi433322 said:

No legally he doesn't have a leg to stand on, a small claims court is likely to laugh at him if his 'evidence' of a 'contract' is a few text messages.  He'll likely huff and puff and threaten to take you to court, but these idiotic landlords rarely bother to if you make it clear you know your rights and stand up to them.  Another favourite they like to pull is saying they are retaining your deposit for xyz that needed professionally cleaning and how they spent £££ redecorating.  Ask to see copies of the receipts and I gurantee you they're lying and will return your deposit if you tell them you're raising a dispute with the TDS.

I am 100% sure he will not be making any claims for decorating as I have pictures of the flat on the day we moved in and it was an absolute joke, the state it was in. We have cleaned it and I plan on leaving it in a good condition anyway. Will be taking pictures just before leaving as well.

I will also be taking him to court for late deposit protection, as he protected it over the 30 days period. I was going to let that go as it is not worth my time and energy but decided to go ahead with it all due to the messages I have been receiving from him.

Yeah, don't waste your time with that. Although a legal requirement, if it is protected now the court won't care he missed the deadline.
Just move out on 10th and ask TDS for your deposit back, onus is on landlord to prove any potential deductions are legal.

Comms69

cooltt said:

randomhuman said:

Fi433322 said:

No legally he doesn't have a leg to stand on, a small claims court is likely to laugh at him if his 'evidence' of a 'contract' is a few text messages.  He'll likely huff and puff and threaten to take you to court, but these idiotic landlords rarely bother to if you make it clear you know your rights and stand up to them.  Another favourite they like to pull is saying they are retaining your deposit for xyz that needed professionally cleaning and how they spent £££ redecorating.  Ask to see copies of the receipts and I gurantee you they're lying and will return your deposit if you tell them you're raising a dispute with the TDS.

I am 100% sure he will not be making any claims for decorating as I have pictures of the flat on the day we moved in and it was an absolute joke, the state it was in. We have cleaned it and I plan on leaving it in a good condition anyway. Will be taking pictures just before leaving as well.

I will also be taking him to court for late deposit protection, as he protected it over the 30 days period. I was going to let that go as it is not worth my time and energy but decided to go ahead with it all due to the messages I have been receiving from him.

Yeah, don't waste your time with that. Although a legal requirement, if it is protected now the court won't care he missed the deadline.
Just move out on 10th and ask TDS for your deposit back, onus is on landlord to prove any potential deductions are legal.

That's not correct, it limits the compensation usually to 1x the value, but it's a slam dunk. The court has no choice but to award it