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View Full Version : Tenants did not sign Agreement; still liable for costs?



feduplandlord
23-04-2008, 07:25 AM
Good morning everyone

Some more complications...... I rent a property from a landlady. Our contract is renewed every 10th December. I have been in the property since December 2005. According to the contract we need to give 6 weeks deposit. Since I wanted to keep on living in the house when the others gave notice at different times, I have paid the 6 weeks deposit out of my own pocket. I "run" the house, pay the landlady each month, see to the bills, the cleaning each week via a professional cleaner, replace tenants when someone moves out, etc. Whenever a new tenant comes in - they give me only one months deposit which I refund at the end of their term and one months notice. The landlords contract states two months notice should i want to give the house up. Each time we need to add someone new to the contract, the agency wants a whole lot of stuff like NI nrs, bank details, bla bla bla and it obviously costs money each time for credit checks and "fees", etc. So to save money and hassle, when the contract gets renewed in December, we add everyone's names that are currently living in the house.

Last year June I had two people move in and one wanted a contract. So i said it's no problem giving him one - I explained how it worked and what was required and also stated that we would have to have it renewed again on the 10th December when our new year's tenancy would begin. He then said its fine and will wait to December.
Come December - the agent sent their usual forms around that needed to be filled in by all of us. I handed them all the forms to fill in and asked that they return it to me asap as I have to send it to the agency so they can draw up the new contract. This went on for 3 and a half months! I kept asking - they kept ignoring. I eventually gave everybody in the house one month's notice for various reasons!! As our tenancy has come to an end, their are certain requirements like
1. Inventory check out
2. Carpets / curtains to be professionaly steam cleaned
3. Garden to be cleaned
4. Missing / broken items to be replaced

I dealt with it all in my personal time and had all the above done according to our contract and then split the costs 4 ways (I also paid although i am staying on in the house).

My problem now is that one of the tenants are saying "But i didn't sign the contract." My argument is that they were all well aware of the contracts that needed to be signed - no one came to me and said "I refuse to sign" or "I don't agree with some of the information requested" etc. Now that the end of tenancy things needed to be done - they all tried to bail out. Some are prepared to pay - others not. I've deducted the costs and have already paid out their balances of their deposits.

One of them now wants to go to the small claims court seeing that she didn't agree with some questions asked in the tenancy application - although in 3 months she never said a word or tried to discuss it with me. WHAT NOW?

Many thanks in advance.