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

Jumblebumble

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.

So what
If the landlord had suddenly found someone else who was willing to pay double the rent what would he be saying to the OP now?

( the whole point is mute as we now know the person the OP is liaising with is not the landlord anyway so what ever he agrees has no legal standing)
The OP might just as well be discussing this with the landladys handyman

Slithery

Jumblebumble said:
( the whole point is mute as we now know the person the OP is liaising with is not the landlord anyway so what ever he agrees has no legal standing)

The OP might just as well be discussing this with the landladys handyman

Have you never heard of an agent? Most LL's use one....

Jumblebumble

greatcrested said:

GraceD_17 said:

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. 

Indeed. And all 3 elements exist here.

The offer and acceptance must be clearly understood, and must include 'consideration', but that consideration can be for payment at a later date. So a contract can be made today, for a tenancy to start next week/month, at which point rent will be paid (the consideration).

Looking at the wording in the early part of that text exchange, it seems clear to me that the OP requested 12 more months (offer to pay rent for 12 months in return for ongoing accomodation), and the landlord agreed to this (acceptance). The consideration was the agreed continuation of payment of the same rent.

The lack of signed tenancy agreement is legally irrelevant as an understanding had been reached. A written TA had one been signed later would simply over-ride the oral agreement by confirming the terms agreed and adding in whatever additional clauses were contained within the written TA.

In the later part of the exchange, the OP suddenly changed his mind, after the agreement was reached.

This raises several points

* if upheld, what is the OP liable for? Answer: 12 months rent as per the agreed contract. But the LL has generously agreed to 15 days rent instead.

* would a deposit scheme arbitrator, who is not a legal expert, uphold the conclusion above? Dubious and uncertain.

* would a judge,if it went to court, uphold the conclusion above? More likely, but still uncertain.

Regarding the fact that the texts were from the LL's wife not the LL, it seems likely she was acting as his agent in this matter, and from the texts it is also clear that the OP knew and accepted this.

I am confident that no district judge is going to agree with your view that someone asking if a landlord is willing to extend means that they are bound by this request.
 By your logic If I see a car advertised for £10000 and I text to say would you accept £9900 you seem to think I have entered into a contract to buy it if the vendor says yes.
 I don't!
You do not even know if this is a joint tenancy do you and I dont imagine even you would suggest that one tenant can bind the other to 12 months renewal ?
The OP mentions we a good few times
OP I would ignore this advice

Jumblebumble

Slithery said:

Jumblebumble said:
( the whole point is mute as we now know the person the OP is liaising with is not the landlord anyway so what ever he agrees has no legal standing)

The OP might just as well be discussing this with the landladys handyman

Have you never heard of an agent? Most LL's use one....

I don't imagine there is any proper evidence that the husband is an agent acting on behalf of the landlord.
Any normal letting agent will have a signed agreement with the landlord
I do not believe that an agent can bind a contract between a landlord and tenant in these circumstances and I would certainly not pay up anything on the basis of being told otherwise