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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 30th March 2008, 16:57   #1 (permalink)
Sophia_Green
Basic Account Customer
 
Watch out, there are Claims Touts about!

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Join Date: Mar 2008
Posts: 1
Sophia_Green Novitiate
Default Contract was signed but I wasn't given keys yet or paid- can I cancel?

I was tricked by a landlady to sign a 6 months let contract, when i specifically told her I needed a 3 month short let. We calculated the entire budget including the fees and the deposit based on the 3 months. She wrote it all down for me including the total, and we verbally agreed to it. I have this budget written down by her twice both by email and by hand.

The following day (two days ago) she gave me the contract to sign, which to my surprise was a 6 month with a break clause at the 3 months. I asked why and she rushed me to sign asap and assured me that the conditions were exactly the same as those of a 3 month short let. But they weren't- the bills are not included and I just realised yesterday. Also technically, the landlady has to accept the break clause at the moment of me leaving so there is a chance, technically, that I would have to pay 6 months if she does not. I just cannot take this risk.

I haven't paid the deposit, signed the inventory (because the door is broken and I didn't want to sign before it's fixed) or have been given the keys yet. I have tried to reason with her but she says that the contract is signed and has started (don't contracts start once I have the keys at least??) and that she expects the payment and that otherwise she will take legal action.

I don't know what to do. I am tempted to not pay anything because these people look like liars. I don't think they'd bother sueing me honestly, since I don't even have an income, a family member was going to pay by transfer. But wasn't this clearly unfair on me? Would I lose the case if they sued me?


Soph
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Old 31st March 2008, 00:46   #2 (permalink)
old_andrew2007
Platinum Account Customer
Default Re: Contract was signed but I wasn't given keys yet or paid- can I cancel?

hi
could you up-load the contract, taking off any personal details.
I am sure with this information available you will recieve valid advice.

Regards

Andy
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Old 5th April 2008, 00:00   #3 (permalink)
waterbottle
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Default Re: Contract was signed but I wasn't given keys yet or paid- can I cancel?

If your instincts are flagging up something I would stay away.

For a contract to be effective it needs to have 'consideration' which means you need to get something in return. If you refuse to move in or accept the keys then you may have received no considerartion.

If they try to sue you they may ask for money they lost but they have a duty to try and find another tenant once they know you are not moving in. This will mean that they could only claim a smaller amount. I don't know how much though. It may well be that they can claim nothing!

If you decide to cancel this contract then make it clear as soon as possible in writing. Keep a record and make it clear that the LandLady tricked you. Don't accept any keys and stick to your guns.

Post here if you have any more questions or to keep us updated.
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