serega

I've signed a tenancy agreement and left a deposit on 10th of january for a contract which starts 1st of February and i was supposed to make the first payment before that day. Due to circumstances however im not able to honor the agreement and my agent keep insisting that they can take me to court over this, is there any truth to this ?

serega

Im fine with losing my deposit, just dont want to have any more trouble over this..

sarasquares

iTrader: (1)

you would have to give some notice i would have thought

serega

Well, i gave them verbal notice and they are aware of the circumstances but keep insisting that i have to take up the agreement, nomatter what.

sarasquares

iTrader: (1)

contact citizens advise they would be able to help

cookstar

iTrader: (6)

If you have signed the agreement you will be liable for the rent for the whole agreed period (usually 6 months min), unless the agent can find new tenants, expect to be pursued for it.

serega

So what am i going to be persued for if technically i havent sent any money over on the start of the tenancy does my tenancy start or not ?

If it doesnt start, then what sort of losses will my landlord sue me for in court ?

cookstar

iTrader: (6)

"technically" you have signed a legally binding document, contracting you to pay rent for a specified period. This is what you can be sued for.

austinwrx

yr agreement will state how much notice either party has to give. in the case of an assured shorthold- its usually 3 months.

you might be liable for 3 mths then. However if they let the property within that period they can't also have rent from two parties for the same item... in this case yr tenancy.

they are probably screwed with commission and lack of lets and are trying it on.

let them take you to court- bear in mind it'll take months and it will cost them to do so.

worse thing you can do is, do it all verbally.... what proof evidence is there of your actions. best action now, is to send a recorded delivery letter right now, today informing and clarifying your actions/postion.

serega

Ok, so my tenancy does technically start even if i fail to pay the agreed ammount by the start of my tenancy ?

The problem is that i might be able to pay the agreed ammount but later - about 2 weeks later than our agreed date. I have noticed that it doesnt say anything in the contract about the exact date when iam liable to pay the ammount, but i found a paragraph that states that after 2 weeks of non-payment my landlord can break off the contract.

Now my agent and landlord are trying everything to make me pay as soon as possible and its understandable, but what they fail to understand is that i cant pay anything for a few weeks and keep pushing for me to pay something or they are going to sue me. So is it in their interests to wait for me and they are just trying me on, or they can really break everything off and not wait for my money ?


Thanks for all the advise guys.

serega

And should i even bother sending any money over even if they say they will wait for it ? As if i dont pay anything on 31st doesnt it technically break our contract and anything i send over they can just keep as collateral as our contract no longer exist?

TopBanana

Seek proper legal advise.

serega

I cant, im currently in another country and cannot do anything from here! : (

Brun

AS above legal advice is the way forward...

gpssti4

iTrader: (6)

Explain EVERYTHING to them, the reasons why you can't pay, that you can pay in a few weeks etc. Do this on the phone and also in writting. Then seek geniune legal when you get back. Good luck.

TopBanana

Of course you can - get on the phone with your credit card out and talk to someone.

The Law Society - Find a solicitor

richardg

it does depend exactly what is in the tenancy agreement....

if it were one like i used to write, then you would be liable for 6 months' rent. you would have the option at 3 months to terminate at the end of the 6 month period....but until then, you would be liable. your tenancy would have commenced and you would have been in arrears.

as suggested by others, explain your position to the agent and seek legal advice

cookstar

iTrader: (6)

Just had a think about this, are you 100% you have signed a tenancy agreement, (assured shorthold tenancy agreement), when you commit to renting a flat through an agent you usually place a "holding deposit" until the day you move in and then sign the proper agreement. The contract you have signed may just be with the agent and if that's the case tell them to do one.

Do you have a copy of the document in question?

richardg

it may be "notice of an intention to create a tenancy" that has been signed, so a fair point...

if it is, then there is a usually a cool-off period, which is the whole point of the "notice"

serega

Thanks guys, looks like im in a pickle and it is a genuine tenancy agreement. Looks like im going to be liable for 6 months rent. They have agreed to take the little money i had as a holding deposit to wait 2 more weeks which they will deduct from the total payment once i come up with the rest of the money. Now its going to suck a bit if the situation doesnt change in 2 weeks time..

salsa-king

in theory yes that's correct,

in reality you need to give at least a months notice to leave (if you'd served your term agreement) if you wanted to leave mid term I'd just keep the deposit and let you go.

In your case IF I were the landlord, I'd keep the 'deposit' you'd paid and cancel your agreement and look at getting someone else in, as there is no point chasing you for more money as you don't have it.

MMT WRX

I wondered that.

Dont you sign the full agreement when you hand over the bond?

My daughter is renting and i'm sure she paid a small holding deposit whilst they carried out reference checks. She then signed the contract when she paid the bond.

Also, I didn't think you could write your own legally binding contracts.

serega....have you actually paid a bond?