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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
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: 10 months ago.
Category: Law
Customer: replied 10 months ago.
My e mail is***@******.***
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Did he assume it was rent free? Did he ask please?
Customer: replied 10 months 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 10 months ago.
He says he asked them about staying a bit longer but rent was not discussed.
Expert:  Ash replied 10 months 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 10 months ago.
does it make any difference that they have left it nearly ten months to demand it?
Expert:  Ash replied 10 months ago.
No, they have 6 years sadly under the Limitation Act 1980
Expert:  Ash replied 10 months ago.
Does that clarify? Alex
Customer: replied 10 months ago.
suppose then I wait and see if they take action or not maybe cost more than worth?
Expert:  Ash replied 10 months 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 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
I though small claims court each party pays own costs?
Expert:  Ash replied 10 months ago.
Yes expect Court issue and hearing fee. The Claimant is also entitled to Solicitor fixed costs if they win.
Expert:  Ash replied 10 months ago.
But legal representation costs each side pays its own. Does that clarify? Alex
Customer: replied 10 months ago.
so you would advice payment then?
Expert:  Ash replied 10 months ago.
In the circumstances not a bad idea. I think you would be stuck if it went to Court.
Expert:  Ash replied 10 months ago.
Sorry its not better news. Alex
Customer: replied 10 months ago.
ok thankyou. I will see if they accept payment by instalments.Thanks for your help.
Expert:  Ash replied 10 months 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 10 months ago.
Thanks in advance. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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