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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I moved in into a flat but after first night I found out

Resolved Question:

Hi
I moved in into a flat but after first night I found out that an electric substation is next to the flat which I did notice when I was viewing the property. I live in the property with small kids and studies proved that the EMF generated by the substations is harmful especially to small kids. Besides the property was very dirty when I moved in. Mould was and still is in bathroom and on the window frames.
I have signed a 12 months fixed term contract without break clause but my wife did not. The contract says, that it is considered void, if it's not signed by her by .... The date was not filed. We both did move in the property and I'm paying the rent.
Does that mean that the contract is not valid and our relation is reverted to a AST tenancy by verbal contract? What is the notice period in such a case, if we want to leave the property?
We are in the property nearly a month and are trying to resolve the matter with the letting agency. Currently we are in state that until they are able to relet the property we need to pay for it and they don't seem to try hard.
Thank you for any advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did you and the landlord sign the contract please?

Customer: replied 1 year ago.
Hi AlexYes I did sign the contract and also the landlord did sign it. Only the signature of my wife is missing
Customer: replied 1 year ago.
I can attache the contract if it will help.
Expert:  Ash replied 1 year ago.

No thats ok. Just to be clear it has an explicit term which says it is void if it is not signed? But it has been signed?

Customer: replied 1 year ago.
there is a note as such:
"Please note, Mrs Valeria Ligasova must sign the contract by ...... If she does not sign by this date, the contract becomes null and void."
The date was not filled in and is missing.
The contract was signed by me but not by her. The contract has my and my wife's name on it.
Expert:  Ash replied 1 year ago.

Thank you. This is a difficult one. On the one hand you would be liable because you have signed the contract, but there is also an express term saying that if she does not sign the contract is void.

The fact the date is not filled out does not matter. But I think on the basis she hasnt signed it, this means the contract is automatically void.

This means you can move out without penalty. But you need to do this sooner rather than later, otherwise it may be considered you have accepted the contract.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
When this contract is not valid what does it revert to. What is now the default notice period? As I mentioned above we are nearly a month in the property but we have said right away that we want to move out.
Expert:  Ash replied 1 year ago.

It would be you pay until the end of the month period, but thats it.

But you can not stay longer otherwise it will be said you agree to it

does that clarify? Alex

Customer: replied 1 year ago.
OK To sum it up. Only the first payment which I made before the signing of the contract can happen, if I pay for another month and stay then I'm agreeing to the contract and I'm bound by it.
And is there not a verbal contract now in place? Like in scenario when I'm letting without a contract? I'm I not bound by it?
Expert:  Ash replied 1 year ago.

No, because the agreement says it is void if not signed.

It is therefore void because of this.

Does that clarify?

Customer: replied 1 year ago.
one last question. The other side is claiming that we confirmed the contract by moving in. Is it possible?
Expert:  Ash replied 1 year ago.

No........

It clearly says it will be void. Thats means no.

Does that clarify? Alex

Customer: replied 1 year ago.
Hi Alex
thank you for your help.It helped a lot.
Sorry to prolong this but one last thing. The agency came back more or less confirming that they have no ground on keeping us but they said that the deposit paid will be used in lieu of your notice.Can they hold the deposit back? What steps can be taken to ensure that the deposit should be payed back?
Expert:  Ash replied 1 year ago.

No they can not.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
If they do, I assume, I can only get it out through court?
Customer: replied 1 year ago.
Thank you for your help.
Expert:  Ash replied 1 year ago.

Yes. Alex