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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son had a tenancy of a room in a student house

Resolved Question:

My son had a tenancy of a room in a student house for which I was guarantor it expired 02/08/15. My son stayed on another three weeks on verbal agreement and during that time the next years students started moving in belongings. They never asked for rent but I have just got a demand. Do I have to pay?
Kind regards
Tessa
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My e mail is***@******.***
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did he assume it was rent free? Did he ask please?
Customer: replied 1 year ago.
I will have to ask him he definitely did not sign anything. I do not want to pay more for live chat. The amount of rent is only £318 i presume it may not be worth their while pursuing in small claims court?
Customer: replied 1 year ago.
He says he asked them about staying a bit longer but rent was not discussed.
Expert:  Ash replied 1 year ago.
I dont think it makes any difference whether or not he signed anything. The fact he was there implies that he would be liable further rent.If you rent a property and stay on, it makes no difference whether there was a specific agreement, its implied you would be liable for occupational rent and the same in this case.If the rent is £318 the Landlord may or may not seek a refund of this, but sadly your son and as such you are liable.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
does it make any difference that they have left it nearly ten months to demand it?
Expert:  Ash replied 1 year ago.
No, they have 6 years sadly under the Limitation Act 1980
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
suppose then I wait and see if they take action or not maybe cost more than worth?
Expert:  Ash replied 1 year ago.
If they take action then the cost of issuing the claim and hearing it (fixed by the Court) can also be added. It would add about £150 in terms of legal fees.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
I though small claims court each party pays own costs?
Expert:  Ash replied 1 year ago.
Yes expect Court issue and hearing fee. The Claimant is also entitled to Solicitor fixed costs if they win.
Expert:  Ash replied 1 year ago.
But legal representation costs each side pays its own. Does that clarify? Alex
Customer: replied 1 year ago.
so you would advice payment then?
Expert:  Ash replied 1 year ago.
In the circumstances not a bad idea. I think you would be stuck if it went to Court.
Expert:  Ash replied 1 year ago.
Sorry its not better news. Alex
Customer: replied 1 year ago.
ok thankyou. I will see if they accept payment by instalments.Thanks for your help.
Expert:  Ash replied 1 year ago.
Good luck. If I could also ask you to rate my answer before you go please, otherwise the site does not credit me for the time spent with you.
Expert:  Ash replied 1 year ago.
Thanks in advance. Alex
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