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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice
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hi i signed a tenancy agreement on the 20/09/13 and gave £500

Customer Question

hi i signed a tenancy agreement on the 20/09/13 and gave £500 deposit and £450 rent but dont move in untill 30/09/13 but now the lanlord is asking for 2 months rent i cant afford that we only agreed 1 month and also we agreed the rent to be 450 pcm but on the contract he has put 475 pcm what can i do about this can i get my money back.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

You mean two months in addition to the deposit?
Customer: replied 3 years ago.


for jo c


hi yes he saying 2 months addition to deposit i have already given 1 month in addition but we only agreed 1 months rent in advance


 


 


 


 


 


 


 


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Is the one month rent set down in the contract please?
Customer: replied 3 years ago.


what do you mean the 1 month that i gave in advance.


it doesnt but he wrote it down by hand on the contract

Expert:  Jo C. replied 3 years ago.
And what does that say?
Customer: replied 3 years ago.

jo c ,


 


it says;


gave £500 deposit on 19/09/13


gave first months rent on 20/09/13


thats allm it says

Customer: replied 3 years ago.


jo c;


 


also they have the wrong property address on the tanancy agreement


my surname is wrong


we agreed rent to be £450 but on the contaract he has put £475


 

Expert:  Jo C. replied 3 years ago.
Thanks. Thats all I need to know.

The short answer is that he cannot lawfully do this but the fact remains that he is.

He has agreed to take one months deposit plus one months rent in advance. That is normal. He cannot now demand more before you move in. There is no way around that.

However, the fact remains that he is. You can make the point to him that he is acting unlawfully. Sometimes that does deter people but often not.

If it does not deter him then you cannot force him to let you move in without a court order. You could seek an injunction forcing him to let you into the property. Its quite expensive to do that and another much cheaper alternative is just to refuse to move in and sue him for the money you have paid plus costs which you would win.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

jo c;


 


would i win it 100% if i did a solicitor becouse i have tried to deter him but he wont he said i have to pay another months rent before i move in or lose all my money

Expert:  Jo C. replied 3 years ago.
Well, you can never guarantee success at court but its certainly probable.

Its not worth using a solicitor though. This is a small claims court sum. You won't be able to claim the costs back even if you won.

You can do it yourself here

www.moneyclaim.gov.uk

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