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

randomhuman

greatcrested said:

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.

Here are all the messages we exchanged. I would also like to mention that he is not the landlord, his wife is and he is not on the tenancy agreement. Also, the number on which we exchanged the text messages is their work number and not in any of the contact information provided within the tenancy agreement.

biscan25

Trying to reason with this man is pointless. Do as you suggest with photos and leaving keys, claim your deposit from the courts and be prepared to defend any frivolous amounts he will undoubtedly try to claim from your deposit.

macman

To state the obvious, the LL's first language is not English, and he clearly has no grasp of basic landlord and tenant law. Since no inventory exists, it's not possible for him to have any hope of winning a deposit dispute.
Don't refer to deficiencies such as in the heating system or late deposit protection in your discussions with him about the notice period, they are irrelevant. 

prowla

OTOH, if you hadn't got the new property would you have just stayed where you are without expecting any more from the LL?

randomhuman

prowla said:

OTOH, if you hadn't got the new property would you have just stayed where you are without expecting any more from the LL?

Look, I understand I asked about the possibility of staying another 12 months but at the end of the day we never signed a contract. I apologised in the text message but I am not willing to pay.

I told him we are moving in June which meant he had 3 months to find someone else but he has never even advertised the property. He sent an agent to inspect the property but didn't even have the decency to show up himself because he knew I would hold him accountable for everything that happened between us and how crap of a landlord he has been.

Fi433322

prowla said:

OTOH, if you hadn't got the new property would you have just stayed where you are without expecting any more from the LL?

That would be the tenant's perogative, unless the Landlord had served notice.  If the tenant stays on past the fixed term end date without notice being given from the landlord, then they would be entering a periodic tenancy and would need to give the LL a month's notice.  Good landlords will have insurance or other provisions to deal with void periods between tenants and the costs of readvertising a property.  This landlord clearly doesn't know what he's doing.

GraceD_17

As much as I agree you haven't actually agreed to any further contract, the wording of those messages are very much insinuating that you are. Talking about replacing the heating, giving notice before workmen enter the property etc. It's very much insinuated that you are staying a further 12 months.

You also told him you were leaving in June, but the messages show that you first sent him a text on August 13th, followed by the text stating you no longer want to stay on August 25th.

randomhuman

GraceD_17 said:

As much as I agree you haven't actually agreed to any further contract, the wording of those messages are very much insinuating that you are. Talking about replacing the heating, giving notice before workmen enter the property etc. It's very much insinuated that you are staying a further 12 months.

You also told him you were leaving in June, but the messages show that you first sent him a text on August 13th, followed by the text stating you no longer want to stay on August 25th.

That is because I sent them a letter in June, as per our contract agreement. I do not think a text message would have been sufficient or adequate. 

I did not provide our conversations before the 14th of August as they are irrelevant to the current topic.

GraceD_17

https://www.lettingaproperty.com/landlord/blog/is-a-tenancy-agreement-legally-binding-if-it-is-not-in-writing/#:~:text=The%20simple%20answer%20is%20%E2%80%9Cyes,advise%20you%20enter%20into%20one.

We are often asked this question by our landlords, “Do I really need a written tenancy agreement, as I know the tenants personally, could I not just agree it verbally?”

In order for a verbal tenancy agreement to exist it must have three essential elements;

• an offer
• an acceptance of the offer
• some payment – known as the legal term consideration

If these three elements exist then a verbal tenancy agreement can be created.  This contract is binding on all parties involved.'

I'd simply send this link to your landlord. This information may not be up to date, I have no idea, but with the way he is acting, sending him that could just scare him into leaving the situation alone. 

Fi433322

There's no requirement to give notice at the end of a fixed term, you have now told him out of courtesy you are moving at the end of the fixed term.  At worst most landlords would be a bit annoyed for a minute as they have to remarket the property.  But you could have refused to let new prospective tenants view the flat before you moved out, in which case he would be in the same position he is now.  Just move out on the last date of your tenancy and make sure you follow any procedure in the contract with regards to checking out/returning the keys.  I would be amazed if he a) bothered to file a claim, and b) won a claim against you on the basis of those text messages, they're very vague.  Also how could he prove you were the one sending them?