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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I was going to rent privately. However the landlord keeps

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I was going to rent privately. However the landlord keeps moving the goal posts and asking more of me. He has got me to sign a AST in a rush. I have spoke to other people and the landlords demands are unreasonable. I want to pull out now. Moving date was going to be the 25th. But the landlord won't confirm this. Can I pull out now?
Submitted: 10 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 10 months ago.
Hi,

Have you signed the tenancy agreement?

What is the fixed term of the tenancy?

Tom
Customer: replied 10 months ago.

Hi.


 


I work for the ambulance service. I was working 4 12hr night shifts when I got the agreement in the post on the 4th september. Dated 30th August. With a demand to return the 2 copies, signed by 11th September. I was contacted by the landlord via text on 5th sept. asking if I had the contracts. I called him (left a message on his answer machine as he never answers my calls) and explained I was on nights (tue, wed, thurs and fri nights) would be sleeping all day Saturday and 4 days (12hrs) from monday.


I signed the contracts and the landlord came to my work and collected them.


During this time and afterwards, he has asked for more info from me and cleared funds (£1050 dep & £700 rent) before he will confirm the 25th sept as the moving date. He also states that once he gives me the keys, he will give me back my copy of the tenancy agreement and the inventory.


I have sent him an email stating that once I have looked into my finances, I cant afford this commitment and also, I am sure he has put a statement in the contract to say that I am to be the only person allowed to live in the property. But my son, who is 20yrs old is living with me and will/would of been moving with me which I discussed with the landlord when we first met.


 


I have a bad feeling about this. And everyone I have discussed this and the other little things with, agree something seems wrong?


 


I want to end this now. Where do I stand?


 


Thank you.

Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

If you have signed the tenancy agreement and returned it to the landlord then they have likely executed their party of it. This means that there would be a binding contract between you both.

You would be bound by the terms of the tenancy agreement, the written terms of it express what you are entitled to and what the landlord is entitled to. There is no statutory cooling off period applicable to a tenancy, so you cannot unilaterally cancel the tenancy I’m afraid.

If your son was to be an occupier of the property then they should have been listed as an occupier on the tenancy agreement. If they are not listed in the tenancy agreement then it makes it more difficult to enforce your son living there as a contractual right. If the landlord agreed to your son staying there as an occupier and you have documentary evidence of this (eg. Email) then you should still be entitled to have him live there. If you do not have documentary evidence then you should get the landlord to acknowledge this by text message.

If the tenancy is binding then the landlord would be able to enforce it against you by suing you if you do not move in and pay the deposit/advance rent (provided the contract requires it).

However, if the tenancy has not been execute by the landlord then it is not yet binding and you should still be able to withdraw. I would consider writing to the landlord stating
“Please confirm that you have executed and dated the tenancy agreement and that there is now a legally binding contract between us giving me a tenancy on XX date subject to compliance with the tenant’s obligations in the tenancy (eg. Payment of rent/deposit)”.

If the landlord states that he has not executed the tenancy and the tenant is not yet legally binding on both of you then you should be fine to say that as the tenancy is still “subject to contract” then you withdraw as you are free to do.


I am sorry that I cannot be more definitive, but it’s rather unusual circumstances.

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Kind regards,


Tom
Customer: replied 10 months ago.

Please see emails below. Reverse order. Landlord states that he and his co signer have not signed to date?


 


Sally-Ann


 


I'm sorry to hear that. It was your statement that your son was staying with you 'at the moment' and the fact that you will be solely responsible for the rent that caused me to put that into the contract. I am well aware that you will have him staying there, and this would not have been a problem.The fact that I have asked you for 3 months bank statements is perfectly acceptable in situations such as yours, where the prospective tenant has been moving around a lot in the recent past, and is simply a way to reasonably confirm that you are capable of paying the rent and do not have any outstanding debts which would affect that ability. This is a judgement I could not make from your employers reference as it states that your salary is far below what you apparently earn. I'm sure whatever legal advice you have taken will back that up.It is your responsibility to read and make sure you are happy with the terms of the contract BEFORE signing, and you could have made an interim copy for yourself so that you could review the conditions, and question any of which you are unsure.As I have signed legal documents from you, I will also need to take legal advice before concluding this matterRegardsJustin


 


-----Original Message-----From: Sally-Ann Curtis [mailtoXXX@XXXXXX.XXX] Sent: 17 September 2013 12:20To: XXXXX XXXXX: RE: DD's and Wages


 


Hello Justin.Thank you for your email.As you are aware, I received your contacts while I was working night shifts and only had the weekend to sign them, before starting a run of 4 day shifts on the Monday. I have been trying to recall what you had and hadn't included as conditions. What I think I remember is only myself to live in the property? If you can remember our conversation when I met you at the flat, my son is living with me and will be for the foreseeable future as he has been through an emotional time and is currently in need of personal and financial support.Also, after your request, out of the blue for 3 months worth of bank statements, I have looked into my finances and taken legal advice.With all of this in mind, I am unable to continue with the proposed rental of your property.I am sorry for any inconvenience and wish you luck for the future.Regards,Sally-Ann CurtisECA ChelmsfordEast of England Ambulance Service________________________________________


 


From: XXXXX, XXXXX [XXXXX@XXXXXX.XXX]Sent: 16 September 2013 09:29To: XXXXX XXXXX: RE: DD's and WagesHey Sally-Ann, thanks you so much for getting this to me, I really appreciate it. Apologies for not being able to go through this with you last week, if I had been five minutes earlier....!Happy to go ahead on the back of this information, nothing more required from you at this stage, all that remains is for Kim and me to sign the contracts. Once I have been to the flat to make sure its all in order this week, and Kim has confirmed that the deposit is in place I will let you know, and we can arrange the handover of keys on the 25th, when I will also hand you your copy of the contract, an inventory, and details of where the deposit is to be held.Hope you had a good weekendMany thanksJustin

Expert:  Thomas replied 10 months ago.
Hi,

It does seem to suggest that the have not executed the tenancy agreement, but I would still like it to be a bit more explicit than that and would therefore proceed in the way that I have described above.

Please remember to rate my answer.

Tom
Customer: replied 10 months ago.

I want to cancel the agreement. Not continue with it.


 


Thank you.

Expert:  Thomas replied 10 months ago.
Yes, I know you do, but if the tenancy is legally binding (ie. executed by both parties) then you cannot cancel it. If it is not legally binding then you can cancel it by simply advising the agent/landlord that you are withdrawing your offer to take the tenancy.

The question is therefore if the landlord has executed the tenancy agreement (ie. because you have already signed it, it only requires their signature to make it legally binding).

You must have proof that they have not executed it and by asking the question I suggested in my above post and receiving confrimation that it had not been executed then this would giev you the clear evidence that you need in order to withdraw.

Please remember to rate my answer.

Tom
Thomas, Lawyer
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