No Contract

[Ecossewarrior]

Hey there,

 

I moved into a property in December and through one problem or another the contracts have never been signed.

 

I stated to the landlord I would have to move out yesterday and gave a months notice.

 

She said she would be keeping my deposit however if there is no contract signed how can this be possible? It looks as if the rent has been paid month by month via cash so surely if I was to take her to a small claims court I could get my deposit back? It should have been up to her to make sure the contracts were signed before having me move in?

[flyingdoc]

I would, first of all ask if the deposits had been placed in a protecion scheme (which I doubt)

 

If they have not then I would remind the landlady that you would be within your rights to pursue her for the full return of the deposit + 3xs the deposit as she had not lodged it with a deposit protection scheme.

 

She may well change her mind.

[Ecossewarrior]

does anybody have a standard letter I could send her?

 

I didnt know about this

[Planner]

Hey there,

 

I moved into a property in December and through one problem or another the contracts have never been signed.

 

I stated to the landlord I would have to move out yesterday and gave a months notice.

 

She said she would be keeping my deposit however if there is no contract signed how can this be possible? It looks as if the rent has been paid month by month via cash so surely if I was to take her to a small claims court I could get my deposit back? It should have been up to her to make sure the contracts were signed before having me move in?

 

You do have a contract, it makes no differences that it hasnt been signed. You are bound by the terms of the tenancy you have. If the contract says its for 6/9/12 months then thats how long its for any if you move before then you will be liable for rent up until the end of the contract. If you dont pay, then this will come out of your depsoit.

[Ecossewarrior]

I am confused...

 

She gave us a contract we didnt sign... how would that make us liable to be bound to it????

 

who is correct here? flyindoc or planner?

[flyingdoc]

if you were given a contract - whether you signed or not, you moved into the house and therefore by virtue of your actions you accepted the contract.

 

You did not say you had been given contracts, only that contracts had not been signed.

 

The issue regarding the deposit and whether it was protected is still valid though

[Planner]

I am confused...

 

She gave us a contract we didnt sign... how would that make us liable to be bound to it????

 

who is correct here? flyindoc or planner?

 

As flyingdoc says, the fact that you have (a ) paid a deposit, (b ) moved into the property and (c ) paid rent (I assume!) means that you have accepted a contract. As you have been given a contract which for whatever reasons hasnt been subsequently signed, the fact of a, b & c above means you have accepted the contracts contents, unless you can show you had some other arrangement other than the contracts contents in place with the LL.

 

Failing my last sentance above, you are bound by the terms and length of that contract. The landlord is suggesting they will keep your deposit in order for you to break the contract? this seems quite reasonable and will save you having to pay another 3 months? of rent. Make sure you get it in writing that forfit of the deposit means you can leave early without any further obligations and rent payments to the LL/property.

[Planner]

By the way, mine and flyingdocs answers make the assumption the property is in England/Wales.

 

Reading back through previous threads of yours (for which there seems to be a 'how do I get out of paying this/its someone elses fault' theme), you mention both N.I. and Scotland, both of which have different tenancy laws to England/Wales.

Edited February 25, 2009 by Planner

[flyingdoc]

well spotted planner - i missed that