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Pulled out, now LL is keeping some money.

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Renterwoe
Renterwoe Posts: 3 Newbie
edited 16 April 2019 at 8:51PM in House buying, renting & selling
I recently agreed verbally to rent a house from a land lord. I paid a deposit and 2 months in advance, got a receipt. Did not sign any contract.

Last night moving things in to the house, I realised next door liked to cook with spices, I did not notice at the time.

I contacted the landlord today, and told them I could not move in due to the smell. LL is talking about solicitors etc but is saying they will refund 2 months and my deposit, but will be holding approx 2 weeks..

Is this a reasonable offer?
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Comments

  • zagubov
    zagubov Posts: 17,886 Forumite
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    I'm not a lawyer, but your unpredictable behaviour has financially inconvenienced your landlord and I think he's being being very reasonable.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • Slithery
    Slithery Posts: 6,046 Forumite
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    You have taken possession of the property and paid money for rent therefore a contract exists.

    You may well be liable for up to 12 months rent even if you do decide to move out.
  • tacpot12
    tacpot12 Posts: 7,969 Forumite
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    I think the landlord is trying it on somewhat, but by not taking the house, you might well have caused him to loose some rent that he would otherwise have had. It is not unreasonable to expect that it might take another two weeks to find a replacement tenant.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
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    I contacted the landlord today, and told him I could not move in due to the cooking smell. He is talking about solicitors etc but is saying he will refund 2 months and my deposit, but will be holding approx 2 weeks rent at £250.

    Is this a reasonable offer?

    Extremely reasonable. He could hold you liable for the whole contract.

    Seriously, you need to get yourself sorted. You can't just hand over deposits and rent etc and then change your mind on move in day because someone is cooking a curry nearby. You've entered into a legally binding tenancy, it's not an Asos order!
  • Renterwoe
    Renterwoe Posts: 3 Newbie
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    Hi just to be clear, I did not sign anything. Whether that makes a difference, I don’t know.
  • letitbe90
    letitbe90 Posts: 345 Forumite
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    Renterwoe wrote: »
    Hi just to be clear, I did not sign anything. Whether that makes a difference, I don’t know.

    No, by that logic he could not return your deposit and say you gave it to him as a gift :D...
  • Renterwoe
    Renterwoe Posts: 3 Newbie
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    Except I have a signed receipt stating exactly what the money I paid was for.

    I’d like to thank you all for your help.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 16 April 2019 at 8:33PM
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    Nice try slithery - but it's worse than that!
    Slithery wrote: »
    You have taken possession of the property and paid money for rent therefore a [STRIKE]contract[/STRIKE]tenancy exists.

    You may well be liable for up to 12 months rent even if you do decide to move out.
    1) neither a contract, nor (as in this case) a tenancy, needs to be written. Both can be verbal
    2) the fact that rent was paid and keys provided in return is clear evidence of both a contract and a tenancy
    3) If a fixed term was agreed (whether verbally or in writing) then the tenancy cannot be ended by the tenant till that fixed term (eg 6 month? 12?) has ended (unless there was also a 'Break Clause').
    4) If no fixed term was agreed, the tenancy is 'periodic' (monthly, or weekly depending how often rent is paid) and if a tenant wishes to end a tenancy, he must serve the proper notice which should be a full 'tenancy period' (eg a full month).

    Of course, that is the default legal position - the landlord and tenant can agree anything between themselves, and end the tenancy at any time, and on any financial basis, provided they agree.

    In this case, the LL seems to be making a generous offer.........
  • martinthebandit
    martinthebandit Posts: 4,422 Forumite
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    I think that you should say 'thank you very much and I'm really sorry for messing you about' to your landlord.
  • sunnysideup1
    sunnysideup1 Posts: 8 Forumite
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    Sounds very reasonable to me!
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