Landlords - Renters' Rights?

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  • about his promise:

    you have to show that the promise was clear and unequivocal, and that it would be unfair for him to go back on his word. it would help if you could show that you'd acted in reliance on this promise.

    you can't sue him to enforce the promise, but if he sues you for rent, you can use the promise as a defence (i.e. the promise is a shield for you, not a sword)

    if you had moved out the day he gave you the promise, I think you'd be in the clear, but because he altered his promise shortly afterwards before you'd changed your position, I don't think you could use the earlier promise in Court.

    i would not worry about him being a lawyer. It sounds like he's not on top of his game, leaving himself wide open with promises and then alterring them after he reviews the contract (if he was a good lawyer, surely he'd know his own lease contracts backwards and forwards)

  • hassanr yeah, unfortunately i think my deposit is with the landlord, as we got this place almost two years ago...
    i think i'm gonna play nice for a bit, pay my extra month, collect info, talk to citizens advice/shelter, get a lawyer, and take him to court. anyone know a good civil lawyer? no one should be allowed to get away with shit like this.

    Yeah but landlords were required to move it. I got a letter to this effect a few months ago and I've been at my place for over a year.
    Object explained this.

  • someone knows the crack!

  • ihatelaw about his promise:

    you have to show that the promise was clear and unequivocal, and that it would be unfair for him to go back on his word. it would help if you could show that you'd acted in reliance on this promise.

    you can't sue him to enforce the promise, but if he sues you for rent, you can use the promise as a defence (i.e. the promise is a shield for you, not a sword)

    if you had moved out the day he gave you the promise, I think you'd be in the clear, but because he altered his promise shortly afterwards before you'd changed your position, I don't think you could use the earlier promise in Court.

    i would not worry about him being a lawyer. It sounds like he's not on top of his game, leaving himself wide open with promises and then alterring them after he reviews the contract (if he was a good lawyer, surely he'd know his own lease contracts backwards and forwards)

    so he's got me then, i think. i didn't act on his email, i acted on the words of his wife (which happened a week earlier, and of which i have no proof). his email was more of a reinforcement/arrangement to get the keys back and inspect the property, and was after i had taken action to get a new flat.
    how does this third party deposit thing work? i'm really hesitant to withhold my last months rent, i don't want to give the wrong impression to my new landlord...

  • http://www.direct.gov.uk/en/TenancyDepos­it/index.htm

    google is a wonderful thing! The link explains all.

  • whoops.
    cheers for that.
    what a brilliant idea.

  • Momentum [quote]|³|MA3K Don't pay the last months rent and hold a demolition party.

    This is good advice which I would follow in the future (having been shafted out of a deposit once before)[/quote]

    DEPOSIT... you are entitled to intrest on that by law as the landlord is deemed to be "the keeper of the money" !!!

  • when i moved had to give a months rent in deposit and 1 months rent advance, isn't also the last month free???

  • i think we paid deposit + first months rent in advance.

  • Anyone know of a decent standardised shorthold tenancy agreement form and where I can download it?

  • Just need some advice. I know a cycling forum is not the best place but you guys have large base of experience.

    I just got given my months notice to leave the flat me and my girlfriend have been living in. It came as somewhat a suprise as we have only just been here six months and have never had any issues, rent paid on time, we keep the flat in good nick etc. The landlord said that he has to sell it but we are not entirely sure he is being truthful (more suspicion than any real evidence).

    However he has offered us another property which looks nice. My girlfriend and were hesitant to accept this new place as we are concerned that he'd try to kick us out again in another 6 months, something that we simply don't have either the time or energy to let happen. We discussed this with him and he said he'd be willing to sign a 12 month contract (with no 6 month get out clause) as he has seen we have been excellent tenants before.

    Does anyone what would happen if he tried to kick us out before the contract ended? Would we be able to get any compensation. Any info would be appreciated.

  • off the top of my head I think landlords have to give 2 months notice.

  • http://england.shelter.org.uk/

    Everything you might need to know on there. Helped me with a lot of stress when I was moving between places before I came to Uni and they have a FREE urgent advice telephone line: 0808 800 4444. As soons as I gets a job I'm giving these guys a lot of money, I can tell you.

  • sorry to trawl an old thread.

    I have just left a property for which there was, I admit a fair few repairs that need to be done. However, the value of these repairs does not cover the full deposit. We agreed to move out a month before out contract came up. The landlord agreed not to chase us for this £800 of the month that we did not stay there. Having realised that he might not get to keep the full deposit, as we are planning to fight that, he has now said he will chase us for this £800 to cover the month we did not stay, in order that he can keep the full deposit. We handed in the keys prior to this month beginning.

    Now, I hope this makes sense, and you can see why I feel it is unfair. However, is this illegal, and can i fight it?

    Many thanks for any help.

  • Did you get permission to break the lease in writing?

  • no, stupidly. They did however do the 'check out' inspecting our property for damage as soon as we handed in the keys. Could I argue that they were preventing us from having access to the property, as they had the keys, and as such the lease was terminated once the final inspection was performed?

  • Does anyone know how to find out the status of an eviction court case?

    I'm trying to buy a flat with my brother but the current tenants need to be evicted before we can proceed. The guy that owns it is a joke, I wouldn't be surprised if it's not even with the courts yet, even though he's made us wait six months already. I just want to find out if it's even under way. Anyone gotz law skillz?

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Landlords - Renters' Rights?

Posted by Avatar for hassanr @hassanr

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