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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have take up a tenancy recently and my agreement states

Resolved Question:

Hi I have take up a tenancy recently and my agreement states that the rent payable is £85 per week and that "the rent is payable in weekly instalments (every Tuesday) in advance on or before the rent payment dates." The other party to the lease has never signed there part but have given keys etc.
We paid the initial 8 weeks in two payments covering 4 weeks each. We have now started to pay £85 per week in accordance of the above, however the second party to the lease is demanding a payment of 1 month in advance from 1st if the month. Which we have declined to pay (but are up to date based on the weekly terms). They have now told me that I can't enter the property until I have made payment equal to 1 months rent in advance.
Where do I stand?
Nick
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Nick my name is ***** ***** I will help you with this.

Why was the lease never signed please?
Alex

Customer: replied 1 year ago.
We signed the contract but the other party didn't. She has not given a reason why. Firstly she said she'd never received the signed copy from us. But we provide email proof showing we had sent her a scanned copy and that she'd acknowledged receipt.
Expert:  Ash replied 1 year ago.

But you have already paid a month in advance? What date are you meant to move in?

Customer: replied 1 year ago.
We took on the lease on 1st June. We have made the follow payments:Deposit
4 weeks rent - period 1/6 - 28/6
4 weeks rent - period 29/6 - 25/7
1 week rent - period 26/7 - 1/8
1 week rent - period 2/8 - 8/8
Expert:  Ash replied 1 year ago.

Have you already moved in?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

So is he preventing future access? Do you rent a room or whole house?

Customer: replied 1 year ago.
It's a room within a commercial premises. They have stated that we can't enter or work from the room. We haven't actually been a tried to access etc yet.
Expert:  Ash replied 1 year ago.

On what basis does the Landlord say he can now change the agreement?

Customer: replied 1 year ago.
They are saying that's what was agreed - which it wasn't. They won't seem to acknowledge what's actually written in the lease contract
Customer: replied 1 year ago.
The lease is for a sub-let of a room within the the commercial property. The party we have the lease with leases an entire floor of the building. From what they are saying they have to may 1 month in advance on the 1st of each month on their lease for the entire floor. But as I've explained these terms are not in the contract nor were they agreed verbally.As you can see we've never paid for a calendar month on the 1st of the month.
Expert:  Ash replied 1 year ago.

What is it you want to achieve?

Customer: replied 1 year ago.
I think in the first instance we need to know where we stand legally and see if there is an amicable way of dealing with it. At the moment they are being highly unreasonable and have told me that I am suspended from having access to the building. I have had to re-arrange clients because of this so it's effecting my work and earnings. They are starting to use under hand tactics, firstly claiming that I never returned my contract signed, when I then produced an email in which they confirm receiving the contract they then retaliated and said as they never signed it too-it isn't valid anyway. Although I have been in the building and working for the past 2 months.
Expert:  Ash replied 1 year ago.

Ok - the issue I think with this is that there is no signed agreement. If there had been it would be in black and white, then there would be no issue. Everyone would know where they stand.

However I do think to a certain extent you can rely on what was agreed, even if it was not signed.

You should ask for the property back or say you will go to Court. If he refuses it may be worth getting a letter from a Solicitor requesting access or say you will go to Court.

If the Landlord still refuses you could seek a Court order requiring entry back.

You could do this by applying to the Court and seeking an Order for relief.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Well surely if they didn't sign then the contract is not valid and I can withdraw from the tenancy without being liable-although I have been told the fact that they haven't signed it doesn't matter as they have acknowledged receiving it, handed over the keys and allowed me to work there.
Expert:  Ash replied 1 year ago.

You can withdraw if you want to do that. But I seemed to think you wanted back in.

But if you dont then yes you can walk away.
Does that clarify? Alex

Customer: replied 1 year ago.
Thank you I think I need to have a think and decide the best route but it's good to know I have options thank you x
Expert:  Ash replied 1 year ago.

Sure.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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