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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience:  Over 5 years in practice
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Hi, I have issues with tenancy. this has involved 6 people.

Resolved Question:

Hi,
I have issues with tenancy. this has involved 6 people. There was about to open new tenancy agreement between 5 people and a landlord. 1 person was dealing directly with the landlord and the others were behind. We gave him money for 1 month plus a deposit. The person run away with money how it turns out, but before that he has let us in because landlord gave him keys. In fact one person was already living for 5 months under old agreement and she was going to stay under new agreement. Now here we are in the house 1 week already since we moved in, waiting for Christmas, next thing, the landlord came in and said that we have to pay because he didn't get the money. The landlord confess that he gave him keys without money because the person said to him that the money was stolen from him and that he will pay few days later. He asked to landlord as well that he would not say anybody, meaning us, that money was stolen of him. So I think the landlord falls under misrepresentation and the negligence because he hasn't told us that fact otherwise we could have done something to prevent ourselves from civil offence. Please give me legal advice
Regards
Aldas
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this an AST please?
Customer: replied 2 years ago.

AST stands for?

Expert:  Jo C. replied 2 years ago.
Assured shorthold tenancy agreement?
Sorry if I am missing the point but what is the misrepresentation here?
Customer: replied 2 years ago.

The landlord does not told us that the money was stolen that person and he gave him keys instead. If he had told us about it we would have been doing something. But know they agreed not to tell us anything cause he promised to pay to landlord, so I think he deliberately misrepresented us.

Expert:  Jo C. replied 2 years ago.
But how does that go to the issue of whether you have to pay?
Was the landlord paid the deposit?
Customer: replied 2 years ago.

The landlord said he's not going to make an agreement if there are no money on the table, that's what the person said to us. We all gave him the money. The landlord didn't get any money

Expert:  Jo C. replied 2 years ago.
OK. That is reasonsable
What happened to the money?
Customer: replied 2 years ago.

The man run away with all our money

Expert:  Jo C. replied 2 years ago.
Which man?
Is he another tenant? Or an agent?
Customer: replied 2 years ago.

another tenant, who was directly dealing with the landlord

Expert:  Jo C. replied 2 years ago.
That is a problem I'm afraid.
I am sorry but the landlord is absolutely right. Come what may, you haven't paid. It isn't your fault but it certainly isn't the landlord's.
Your claim is against the person who has stolen your money and that is an overwhelming one.
If you accept the landlord did not receive the money though then you cannot avoid either paying him or not having access to the property. If you are there already then you cannot resist and application to evict on this basis.
Whatever this person has done to you, you cannot visit your misfortunates on to the landlord I am afraid.
I am sorry but the 'misrepresentations' you mention above do not assist here. Even if they do exist they don't go to the contract.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can I sue him for his negligence and emotional distress?

Expert:  Jo C. replied 2 years ago.
No. The landlord has done nothing unlawful.
You don't get compensation for emotional distress anyway.
You do have a claim in converstion against the other tenant.
Jo C., Barrister
Category: Law
Satisfied Customers: 69996
Experience: Over 5 years in practice
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