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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter has signed a 'offer confirmation' form on the 4

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My daughter has signed a 'offer confirmation' form on the 4 Dec, and moved into a rental flat. She has now decided to leave so we gave a months notice but the landlord will not accept. The' offer confirmation' form stated 6 months . It is very basic and just says in the small print that there will be a a 12 month standard lease unless other wise stated. My daughter has not signed any other lease or license.There is a 300 pound deposit. The landlord when receiveing the notice said that she wanted the full 6 months rent and when i said i was taking advice has nowstated that if my daughter leaves in the next few days she will take the remaining rent and the deposit as compensation. This seems unfair and I just want to know if this rather dodgy 'offer confirmation'form is valid or binding as a rental contract or can she move out at the end of her months notice without recrimination.Also the post code on the form is incorrect which I thought might invaliadate it anyway. Thanks Jim
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Has any party signed a tenancy agreement please?
Customer: replied 1 year ago.
Hello Alex
No tenancy agreement signed just a form titled 'offer confirmation' as previously stated.Regards Jim
Expert:  Ash replied 1 year ago.
Ok. Then if no tenancy agreement has been signed it can be terminated at any time. It must be signed by both parties to be binding.
She can move out and ask for the deposit back.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Many thanks,thats very helpful. Jim
Expert:  Ash replied 1 year ago.
Good luck.
Alex
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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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