Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Renterwoe
    • By Renterwoe 16th Apr 19, 6:37 PM
    • 3Posts
    • 0Thanks
    Renterwoe
    Pulled out, now LL is keeping some money.
    • #1
    • 16th Apr 19, 6:37 PM
    Pulled out, now LL is keeping some money. 16th Apr 19 at 6:37 PM
    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?
    Last edited by Renterwoe; 16-04-2019 at 7:51 PM.
Page 1
    • zagubov
    • By zagubov 16th Apr 19, 6:58 PM
    • 15,981 Posts
    • 133,131 Thanks
    zagubov
    • #2
    • 16th Apr 19, 6:58 PM
    • #2
    • 16th Apr 19, 6:58 PM
    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
    • By Slithery 16th Apr 19, 7:08 PM
    • 1,468 Posts
    • 2,299 Thanks
    Slithery
    • #3
    • 16th Apr 19, 7:08 PM
    • #3
    • 16th Apr 19, 7:08 PM
    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
    • By tacpot12 16th Apr 19, 7:09 PM
    • 2,296 Posts
    • 2,006 Thanks
    tacpot12
    • #4
    • 16th Apr 19, 7:09 PM
    • #4
    • 16th Apr 19, 7:09 PM
    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 check official information sources before relying on my posts.
    • jonnygee2
    • By jonnygee2 16th Apr 19, 7:10 PM
    • 1,154 Posts
    • 1,159 Thanks
    jonnygee2
    • #5
    • 16th Apr 19, 7:10 PM
    • #5
    • 16th Apr 19, 7:10 PM
    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
    • By Renterwoe 16th Apr 19, 7:12 PM
    • 3 Posts
    • 0 Thanks
    Renterwoe
    • #6
    • 16th Apr 19, 7:12 PM
    • #6
    • 16th Apr 19, 7:12 PM
    Hi just to be clear, I did not sign anything. Whether that makes a difference, I don’t know.
    • letitbe90
    • By letitbe90 16th Apr 19, 7:16 PM
    • 224 Posts
    • 224 Thanks
    letitbe90
    • #7
    • 16th Apr 19, 7:16 PM
    • #7
    • 16th Apr 19, 7:16 PM
    Hi just to be clear, I did not sign anything. Whether that makes a difference, I donít know.
    Originally posted by Renterwoe
    No, by that logic he could not return your deposit and say you gave it to him as a gift ...
    • Renterwoe
    • By Renterwoe 16th Apr 19, 7:18 PM
    • 3 Posts
    • 0 Thanks
    Renterwoe
    • #8
    • 16th Apr 19, 7:18 PM
    • #8
    • 16th Apr 19, 7:18 PM
    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
    • By G_M 16th Apr 19, 7:31 PM
    • 47,795 Posts
    • 58,463 Thanks
    G_M
    • #9
    • 16th Apr 19, 7:31 PM
    • #9
    • 16th Apr 19, 7:31 PM
    Nice try slithery - but it's worse than that!
    You have taken possession of the property and paid money for rent therefore a contracttenancy exists.

    You may well be liable for up to 12 months rent even if you do decide to move out.
    Originally posted by Slithery
    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.........
    Last edited by G_M; 16-04-2019 at 7:33 PM.
    • martinthebandit
    • By martinthebandit 16th Apr 19, 7:35 PM
    • 3,872 Posts
    • 6,674 Thanks
    martinthebandit
    I think that you should say 'thank you very much and I'm really sorry for messing you about' to your landlord.

    If you don't find joy in the snow,
    remember you'll have less joy in your life


    ...but still have the same amount of snow!
    • sunnysideup1
    • By sunnysideup1 16th Apr 19, 7:36 PM
    • 5 Posts
    • 3 Thanks
    sunnysideup1
    Sounds very reasonable to me!
    • elsien
    • By elsien 16th Apr 19, 7:37 PM
    • 18,818 Posts
    • 47,731 Thanks
    elsien
    Maybe the landlord is thinking "lucky escape".
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • wesleyad
    • By wesleyad 16th Apr 19, 8:04 PM
    • 466 Posts
    • 450 Thanks
    wesleyad
    II realised next door liked to cook with spices,
    Originally posted by Renterwoe
    "I'm not racist, but..."
    • joanars
    • By joanars 17th Apr 19, 12:08 PM
    • 34 Posts
    • 28 Thanks
    joanars
    Just to warn you, even if you move to another property you will never know if you won't get similar neighbors who like cooking with spices shortly after you settle in.

    We lived in a flat for 5 years and during this time, the apartment beneath us was occupied by Spanish man who was cooking with very strong spices, and then few months before we moved out a lovely Nigerian couple moved in, the woman was cooking from 5-6am in the morning because she was doing night shifts and the smell was extremely strong, our whole flat stank of food, unfortunately you can't do much about it, its different culture and I never commented on it.

    Just be warned and prepared that you might end up in the same situation over and over again.
    • AdrianC
    • By AdrianC 17th Apr 19, 12:21 PM
    • 21,927 Posts
    • 20,658 Thanks
    AdrianC
    Just to warn you, even if you move to another property you will never know if you won't get similar neighbors who like cooking with spices shortly after you settle in.
    Originally posted by joanars
    It's safest to just assume that anybody and everybody may use spices in their cooking.

    We lived in a flat for 5 years and during this time, the apartment beneath us was occupied by Spanish man who was cooking with very strong spices
    Spanish food isn't normally particularly strongly spiced - a bit of paprika, sure, but... Garlic barely counts as a "spice".

    and then few months before we moved out a lovely Nigerian couple moved in, the woman was cooking from 5-6am in the morning because she was doing night shifts and the smell was extremely strong, our whole flat stank of food, unfortunately you can't do much about it, its different culture and I never commented on it.
    Obviously, people from some backgrounds do use spices more often than others, but there certainly isn't any kind of 1:1 relationship going on.

    There's going to be some damn fine spice smells emanating from our kitchen this evening, with one of SWMBO's rather superb home-made-from-scratch curries in the plan. <drool> And we're Ingurlishinnit.

    Just be warned and prepared that you might end up in the same situation over and over again.
    If the OP is really that pernickerty about the diet of their near neighbours, I'd suggest a very rural property might be ideal. One where the neighbours can be relied on to mostly eat grass.
    • haras_nosirrah
    • By haras_nosirrah 17th Apr 19, 12:32 PM
    • 1,744 Posts
    • 3,026 Thanks
    haras_nosirrah
    but cows can be pretty smelly too -all the farting and manure.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • AdrianC
    • By AdrianC 17th Apr 19, 12:33 PM
    • 21,927 Posts
    • 20,658 Thanks
    AdrianC
    Sheep aren't too bad.
    • haras_nosirrah
    • By haras_nosirrah 17th Apr 19, 12:37 PM
    • 1,744 Posts
    • 3,026 Thanks
    haras_nosirrah
    i'd say chickens - as long as there are no roosters.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • quantumlobster
    • By quantumlobster 17th Apr 19, 12:41 PM
    • 431 Posts
    • 937 Thanks
    quantumlobster
    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?
    Originally posted by Renterwoe
    QFP - new poster, might delete and replace with "thanks for your time you gave for free, I'm off now, seeya!"
    • need an answer
    • By need an answer 17th Apr 19, 12:46 PM
    • 1,371 Posts
    • 1,643 Thanks
    need an answer
    I recently agreed verbally to rent a house from a land lord. I paid a deposit and 2 months in advance, got a receipt.
    Originally posted by Renterwoe
    So you have a verbal contract that was sufficient for the LL to hand you the keys and you to accept them and start to move your possessions in.

    That seems reasonable enough to assume a tenancy had begun.

    You discovered you didn't like the smell from the neighbouring property and want to break the contract that you have.

    I think the LL has been very reasonable in giving you any money back.

    In your own words you "pulled out".

    Lets swing this round and after the LL handed you the keys found some reason to dislike you(lets say he didn't like the smell coming from the takeaway you bought with you)...would you expect compensation for the time and trouble you had already gone to in order to rent his property....


    so why shouldn't he be compensated for your change of mind?
    Last edited by need an answer; 17-04-2019 at 1:22 PM.
    in S 17 T 5 F 13
    out S 19 T 8 F 19
    2017 -32 2018 -33
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,771Posts Today

7,266Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin