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Kiiimmm
Joined: 05 Nov 2009
Posts: 1
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 Posted: Thu Nov 05, 2009 5:53 pm Post subject: Where do I stand?!? |
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Hiyaa
I have recently moved into a new 4 bedroom flat with 3 other people, one of which was already living there. Our landlord had arranged to meet us the weekend before the date we were supposed to move in. He couldnt come down that weekend in the end and said he would the next. Becuase the old tenants had moved out and our moving date had come up, we started to get moved in and make it nice to live in. The landlord then didnt turn up the nextweekend and the following 3 more, bringing us to now. One of the people living there has now decided to move out, as have I because of the hassel the landlord is causeing. He is now saying that he wont come down with the contracty until we transfer the money (2 months rent and a deposit) into his account. We are obviously quite reluctent to pay any money in as, 3 of us havnt even met the guy and have no actual contract. Any ideas on were we stand? Any advice would be appreciated! |
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montyzuma
Community Moderator
Joined: 25 Jul 2007
Posts: 7532
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| Posted: Thu Nov 05, 2009 6:33 pm Post subject: |
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you would be best going to citizens advice
seems a bit strange the landlord wont come till he gets money
surely its in his interest |
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Bluey
Community Moderator
Joined: 21 Mar 2006
Posts: 5642
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| Posted: Thu Nov 05, 2009 8:12 pm Post subject: |
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If you haven't signed a contract, and the landlord hasn't accepted any rent or deposit, then I can't see how you have a tenancy but Shelter will advise you on your options.
It is quite usual for the tenant to pay the first months rent and deposit in advance of moving in, I'm simply surprised that the landlord even gave you a key and let you move in before any payment was made.
Tenants don't tend get contract signed by the landlord before they've paid.
The scenario you posted is simply quite odd.
Speak to Shelter. |
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mutley1
Joined: 19 Dec 2008
Posts: 429
Location: wacky races
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| Posted: Thu Nov 05, 2009 9:21 pm Post subject: |
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| Bluey wrote: | I'm simply surprised that the landlord even gave you a key and let you move in before any payment was made.
The scenario you posted is simply quite odd. |
I would agree with Bluey and Monty. Something just does not click here. You have no proof that he is the landlord so you could be paying money into an ex tenant's bank who is trying on a scam!
I don't believe Kim was given the key by the landlord but the old tenant. Until you have signed a contract, you actually have no obligation to pay any rent for all the time you've been there! |
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Bluey
Community Moderator
Joined: 21 Mar 2006
Posts: 5642
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| Posted: Thu Nov 05, 2009 11:29 pm Post subject: |
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Well, its not legally necessary to have a signed contract in order to be a tenant - verbal agreements are fine (if hard to prove) and acceptance of rent by a landlord automatically creates a tenancy (that's my understanding).
Therefore,there is an obligation to pay rent if the tenants made an agreement to do this with the landlord.
it's just that i believe that without payment of any rent and in the absence of any contract, what is the status of the occupant? It's complex, Shelter will know.
Landlords don't hand over signed contracts before receiving payment (otherwise they can inadvertantly create a tenancy with a tenant who then doesn't pay them any money) and only an idiot landlord would let a tenant enter the property without paying first.
How on earth do tenants manage to access a property when they haven't paid a penny in advance? Mysterious. |
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mutley1
Joined: 19 Dec 2008
Posts: 429
Location: wacky races
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| Posted: Fri Nov 06, 2009 8:25 pm Post subject: |
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| Bluey wrote: | | How on earth do tenants manage to access a property when they haven't paid a penny in advance? Mysterious. |
The original post said that they moved in with one of the tenants that was already living there. That person let them in.
A verbal contract would not be useable in court unless it was recorded and would need to be very detailed, agreeing the terms & conditions as well as the rent. I doubt any conversation would be recorded and even if it did, it is unlikely to be this detailed.
This is why a contract is needed so there is no misunderstanding about what has been agreed. |
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Bluey
Community Moderator
Joined: 21 Mar 2006
Posts: 5642
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| Posted: Sat Nov 07, 2009 10:42 am Post subject: |
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| mutley1 wrote: | | Bluey wrote: | | How on earth do tenants manage to access a property when they haven't paid a penny in advance? Mysterious. |
The original post said that they moved in with one of the tenants that was already living there. That person let them in.
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I know but what landlord is stupid enough to instruct tenants to move into the property before they've collected any rent, deposit or arranged an AST?
What we have here is a tenant living in a property who hasn't paid a deposit or rent and is refusing to sign an AST, wondering what their rights are...!
Somewhere out there I think there is a really disorganised landlord who will have no choice other than to visit the property in person and collect a substantial amount of rent and deposits for 3 tenants in cash or as a bankers draft and get them to belatedly sign the contract.
or the landlord will have to evict his non-paying occupants who owe 2 months rent.
The tenants can verify who owns the property by downloading a report from the Land Registry website for £4. |
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mutley1
Joined: 19 Dec 2008
Posts: 429
Location: wacky races
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| Posted: Sat Nov 07, 2009 10:55 pm Post subject: |
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| Bluey wrote: | I know but what landlord is stupid enough to instruct tenants to move into the property before they've collected any rent, deposit or arranged an AST?
Somewhere out there I think there is a really disorganised landlord who will have no choice other than to visit the property in person and collect a substantial amount of rent and deposits for 3 tenants in cash or as a bankers draft and get them to belatedly sign the contract.
or the landlord will have to evict his non-paying occupants who owe 2 months rent. |
The landlord did not give them permission to move in. He said that he would meet them before they move, which somehow did not come to fruition and as they had to leave their old place, they moved in anyway as the current tenant allowed them to do so and I guess as the landlord does not live near to his property, he could not stop this.
As we have agreed, it is odd the way this landlord is behaving as he does not appear to care, which makes me think he is not really the landlord or the poster has not given us the whole picture. |
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