3 month short tenancy agreement - is this vaIid ??

[heartmirror]

Friend has moved into house and signed a contract which has a 3 month tie in clause - land lady requested and received £400 deposit and £395 - a months rent - land ladies original add was on Spare Rooms and advertised room with free WiFi and free parking in forecourt of house - on moving in friend found there to be no WIFI and forecourt parking was being let out to non residents privately during the week day - therefore friend found a better room to rent with valid parking and WIFI Hoorah N0T Friend told land lady he wanted to move out due to breach of contract ie N0 PARKING/ N0 WIFI - Friend has now been informed that he must pay the full monthly rent for three months due to the 3 month clause and that she would be removing this clause in the next tenants contract - is this contract valid or has it been breached and friend has not paid three months rent nor been asked for it just monthly instalments and losing a secure and fair place to live - again is the 3 month clause valid as only a months rent and deposit have been accrued - your advice is much appreciated and vaued - HEART MIRR0R X

[ostell]

My opinion that the contract has been broken in that the promised WIFI and parking have not been supplied. This was an inducement to pay the deposit and rent. Is the original add still available or can it be retrieved?

Possibly a claim for damages against the landlady for the non supply of advertised items. Those dmages would be the deposit and the first months rent.

[heartmirror]

Thanks 0steII - is this his reply to the landlady - wiII he have to do this through a soIicitor if she refuses - he does not want to go down smaII courts or solicitors and affect his credit rating - she is a poIice officer and owns 8 other properties and knows her rights and the system me thinks - many thanks again !! ;-)

[ostell]

Just because she is a policeman she doesn't necessarily know contract law, and seems not to know it. As I said have you got that advert? If the money is not repaid, less, perhaps a sum for the rent for the short period before moving out your friend should be considering a small claim against her for breach of contract and the return of the money paid. She has more to fear from a CCJ against her, as a serving police officer.

Why is your friend worried about a CCJ? How does he think going to court would affect his credit rating?

[heartmirror]

Thanks wiII pass on your advice - much appreciated - think friend is too anxious to chaIIenge Iand Iady - wiII go and have a chat with her myseIf !