PDA

View Full Version : Planning to move out - but complications exist, please help!



everclearmind
21-09-2011, 20:06 PM
Hi all,

I've come here to get some advice regarding my current landlord, so here is the situation from the start:

My partner and I moved into a room with a double bed Sept 2010, paid deposit a week or so before we moved into secure the room. Once we moved in, the landlord left 2 signed contracts for me to sign. I refused to sign because the contract was for the entire house which included all taxes, bills and everything else pretty much. The contract also failed to allow our cats to live in the property which was okayed by the landlord upon visiting the room. We have lived here since with cats and no contract, because we refused to sign it and asked for a new correct contract countless times. I asked repeatedly for the following months, until about February. Upon asking in February the landlord made it clear that now the cats where a problem, so I quit asking about the contract, so we've been living here since. Also our deposit was never submitted into a TDS/DPS scheme either. We have paid the rent every month as request without fail.

Now to clarify the situation little bit more, the landlord no longer deals with any of the tenants, only the landlords daughter, who is meant to be the supposed agent. She is out right rude, careless, liar and all round nutcase generally. The original (unsigned) contract has no reference to her what so ever as an agent. She pretends to act as her father and I've got text messages which she is fraudulently acting as her father, when I talk to him he has no idea what I'm on about when I reference text messages he supposedly sent. The list goes on.

Now, the thing is we have managed to get a new room in another property and plan to move out in around a months time. I'm aware that because we don't have any contract that we have the right to move out when ever we like. But we will do the decent thing and give a month to a couple weeks notice when we have the confirmed move in date. What is my standing at doing this? Also, what about the deposit (in line with the TDS/DPS), do I have my rights to demand the full amount back with no questions asked? Would it be useful for me point out the DPS/TDS legislation in my notice?

Any advice would be useful here, as the landlords daughter is being rather ratty and refuses to answer calls or text messages. She turns up at the house when ever she likes with no prior notice and leaves nagging written messages. I know there is CAB, but I would like opinions from the web too.

Thanks for any advice, we really need some to clarify our rights and position as there appears to be zero responsibility on the landlords side.

Snorkerz
21-09-2011, 20:33 PM
The daughter is her fathers agent, they are pretty much interchangable. If you had signed a contract with the father, it would have been equally valid so far as the daughter is concerned.

You do have a contract, and you can not just walk away whenever you want. Presuming rent is paid monthly then you have what is known as 'tenancy periods' of one month. So if you moved in on the 13th, each tenancy period runs from the 13th to the 12th.

You must give a minimum of a months notice expiring on the last day of a tenancy period.

You can try to insist on having the full deposit back - but if you end up suing for it, the landlord will be able to counterclaim for damages* and any unpaid rent or rent in lieu of notice.

I am guessing no inventory/condition report was compiled when you moved in so the landlord would find it very difficult to substantiate any claim for damage.

Your deposit should be protected in a government scheme as you say - and right now (ie before the end of your tenancy) you could possibly commence a court claim for the deposit (less counterclaim) plus a penalty of 3 x the deposit. However, such a claim is expensive and not awfully likely to succeed. http://tenancyanswers.ucoz.com/index/section_214_claims/0-45

Snorkerz
21-09-2011, 20:46 PM
I got the impression it was an AST HMO, but you could be right. Could everclearmind clarify if the landlord or daughter lived in the same property?

LesleyAnne
21-09-2011, 20:47 PM
I got the impression it was an AST HMO, but you could be right. Could everclearmind clarify if the landlord or daughter lived in the same property?

Sorry Snorkerz, I read it again and think it may be an HMO so deleted my post. Still trying to make head of tail of the OP!

LesleyAnne
21-09-2011, 20:58 PM
OP, as you have been living in the property and paying rent, you do have a form of contract, albeit not in writing. Therefore, you cannot just move out when you choose. You need to give a minimum of 1 month's written notice.

Can you confirm whether the LL/his daughter have ever lived in the property with you? Are there other tenants living there? You say you wanted to rent just the room, but did you have sole access of the whole property? If so, have you paid any utility bills whilst you have lived there?

Also, for clarity, is the property in England/Wales (laws differ in Scotland)?

everclearmind
21-09-2011, 21:10 PM
I got the impression it was an AST HMO, but you could be right. Could everclearmind clarify if the landlord or daughter lived in the same property?

Niether the landlord nor the daughter lives in the property, none of the other tenants have AST, I've not got one which I signed. There is nothing signed by me what so ever. I requested contracts multiple times and never received a new one. Doesn't the fact that the landlord gave me a completely incorrect contract invalidate it?

everclearmind
21-09-2011, 21:11 PM
OP, as you have been living in the property and paying rent, you do have a form of contract, albeit not in writing. Therefore, you cannot just move out when you choose. You need to give a minimum of 1 month's written notice.

Can you confirm whether the LL/his daughter have ever lived in the property with you? Are there other tenants living there? You say you wanted to rent just the room, but did you have sole access of the whole property? If so, have you paid any utility bills whilst you have lived there?

Also, for clarity, is the property in England/Wales (laws differ in Scotland)?

Neither the landlord or his daughter live or have ever lived here. The original contract was totally wrong, we have only one room in a 5 bedroom property. I live in London, so england.

Currently 4 other tenants living here.

westminster
21-09-2011, 23:09 PM
Doesn't the fact that the landlord gave me a completely incorrect contract invalidate it?
No; there is an oral contract because the LL granted possession, you agreed to pay rent and you moved in. That's all that's necessary to create a [short term] tenancy. You almost certainly have a periodic assured shorthold tenancy of your room.


none of the other tenants have AST
Yes, they do, if their tenancies fulfill the criteria for an AST (i.e. exclusive possession of their room, their only or principal home, landlord not resident, rent less than £100,000 per annum if in England, etc).

mariner
22-09-2011, 01:18 AM
OP as stated you have a legal verbal T agreement as do the other Ts. If LL were to introduce the unsigned written agreement that could well be accepted as the basis for oral agreement unless you can provide your dated objections in writing. Dau is LLs agent and acts with his implicit, consent, her attitude is immat.
If Sept is end of fixed period, you can move out on last day of fixed period without Notice. If you are already in SPT then due notice of 1 claear month, ending at end of rent payment period is required, otherwise you remain liable for rent & property.
What DPS/TDS legislation contraventions are you alledging?