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tenancy agreement surrender, can i get any money back?

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  • tenancy agreement surrender, can i get any money back?

    Hi,


    I`m looking for some advice on dealing with a landlord, I`ve been looking for a new flat for 6 weeks, last week i found what seemed to be a great flat, right next to the countryside, I was very keen to sign for it with no pressure off the landlord, I signed the tenancy agreement on the 22nd, I only spent a couple of hours at the flat before i needed to leave though it did seem a bit noisy...then i got a taxi to come home, then i had a shock, the taxi driver started to tell me how bad the area was & how i shouldnt visit any of the pubs nearby or other areas ...I got home and researched it myself ,it turned out to be the worst area in my city ,i found stories of people been asked for their valuables often and been beaten up....I changed my mind,so the next day i rang shelter they said to offer the landlord the months rent and tell him that i wouldnt feel safe in the area, i rang the landlord ,at first he refused, but then i got upset & he changed his mind, , I think i may of said he could of had the first months rent.....on the way over in the taxi another taxi driver exclaimed "if you live in that area you`ll get your walls kicked in"......anyway i got to the flat & the landlord had me sign a note he wrote . "i Josh, 23/12/2015, surrender my tenancy and rights of entry to <address> my £500 deposit has been returned". i asked him to sign it, he wouldnt, i asked to photograph it, he reluctantly said yes,i also photographed the tenancy agreement before i gave it him back .
    He gave me back £500, then said he would have to keep some money as he`d already arranged to buy some white goods for the flat for (we had spoken about this previously ,it wasnt meant to be a furnished flat), however i do realise he could easily get a refund on the white goods as they hadnt even been delivered yet.


    So anyway i feel relieved to not live in such a bad area, but i also feel swindled ,i stayed in that flat for 2 hrs, and only used ONE day of the rent . thats hardly worth £450.....in my opinion I owe him £100 for the inconvienience he already told me he had 20 other people ring about the flat,but to charge me 450 seems extortionate......


    Do I have the legal right to claim my money back? my worry is a judge might say i have to live there......I could never live somewhere like that, my health is bad, its only when i mentioned that to the landlord he let me surrender the tenancy...


    Josh
    Tags: None

  • #2
    Re: tenancy agreement surrender, can i get any money back?

    Hello, Josh, some details please

    Lease terms: Unfurnished flat. How long was the lease contracted for? What did the lease say about despots or withholding deposits, what was the value in the contract? How much was the rent per calendar month?

    White goods: landlord can have stopped in transit, ie before, and at the point of, delivery.

    How much out of the deposit did the landlord keep- you said 'some money'.

    Comment


    • #3
      Re: tenancy agreement surrender, can i get any money back?

      Hi Openlaw,
      Thanks for your reply. The contract was for 6 months, he gave me back the full deposit in cash £500. the rent was £450pm, he kept the whole £450.i didnt want to argue at the time I just wanted out of the tenancy,
      Josh

      Comment


      • #4
        Re: tenancy agreement surrender, can i get any money back?

        the thing is you volunteered to forfeit the month's rent. As soon as you sign an agreement it's legally binding. He could have taken you to court for damages for losing the 6 month's of guaranteed rent. It does seem like a lot and it is but it could have been worse. it may be possible for you to take him to court as it does seem unreasonable to lose that entire amount, as you say in 2 hours. But the problem is you offered to pay the first month's rent, the landlord never demanded it from you. Lease relate to property so are not like goods where you can take them back if they're wrong or you change your mind. You could have sub-letted the place for one day less 6 months or even the same for the 4 weeks to cover the first month. The problem now you is that you ended the contract. Your only alternative would be damages as you vacated the property, right?

        Comment


        • #5
          Re: tenancy agreement surrender, can i get any money back?

          Yes i vacated the property, I didnt even move any of my belongings in. I signed the tenancy agreement on the 22nd & handed him back the key & tenancy agreement on the 23rd. I ended the tenancy out of fear of living in such an awful place,i dont know anything about sub letting.

          Comment


          • #6
            Re: tenancy agreement surrender, can i get any money back?

            Originally posted by Openlaw15 View Post
            the thing is you volunteered to forfeit the month's rent. As soon as you sign an agreement it's legally binding. He could have taken you to court for damages for losing the 6 month's of guaranteed rent. It does seem like a lot and it is but it could have been worse. it may be possible for you to take him to court as it does seem unreasonable to lose that entire amount, as you say in 2 hours. But the problem is you offered to pay the first month's rent, the landlord never demanded it from you. Lease relate to property so are not like goods where you can take them back if they're wrong or you change your mind. You could have sub-letted the place for one day less 6 months or even the same for the 4 weeks to cover the first month. The problem now you is that you ended the contract. Your only alternative would be damages as you vacated the property, right?
            I suspect that " subletting the place " would be specifically precluded from a tenancy agreement and to do so
            would lead to the tenancy being terminated immediately.

            2nd piece of doubtful advice I've seen this morning.

            nem

            Comment


            • #7
              Re: tenancy agreement surrender, can i get any money back?

              thanks for your comment nem I figured that wasn't good advice , i have no interest in being a landlord
              Last edited by Joshkz; 27th December 2015, 15:23:PM.

              Comment


              • #8
                Re: tenancy agreement surrender, can i get any money back?

                [MENTION=15129]Crazy council[/MENTION] might be able to advise (I've tagged him) xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: tenancy agreement surrender, can i get any money back?

                  thanks Kati :-)

                  Comment


                  • #10
                    Re: tenancy agreement surrender, can i get any money back?

                    Hi [MENTION=77811]Joshkz[/MENTION]

                    You have been lucky really

                    Your landlord would have been entitled to the full 6 months rent, and your luck they accepted one months ( usualy minimum is 2 months ). The problem is you acsepted the property whilst there, I have dealt with similar situations over the years, and there is a background cost when you accept a ternat ( possibly not 450 worht but some )

                    so, legaly , you would have owed them 6 months rent, and they have kept one months ( 450 ) after you accepted the property, but then changed your mind.

                    I know it seems harsh, but it looks like the LL has been fair ( unless he mis described the property )
                    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                    Comment

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