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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i took on a room through the gumtree website, after initial

Resolved Question:

i took on a room through the gumtree website, after initial agreement from the landlord to move in to the property i then received no contract or further contact for a month. after this period i left the property. a few months later the landlord contacted me for the first time since i had left the property asking for rent to be paid, i told him i had left months previously, and he has asked me to pay rent for any time i was there or i he will contact a credit agency who will charge me 6 months at £2400. From what i can tell, i have no written contract and as there has been no payment to the landlord, there isn't even a verbal contract, does he have the right to claim rent/report me? If i pay him, do i then begin a verbal contract that could cause me more issue to get out of? he doesn't know how long i was there or anything other than my first name and telephone number, thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did you confirm to the Landlord that you were leaving please?

Customer: No, I just left as he hadn't contacted me
Alex Watts :

Ok - a minimum term was not agreed?

Customer: Not that I can remember unless it was stated on the initial ad online
Alex Watts :

Ok - in that case if there was no contract then you can not be bound by a minimum term

Alex Watts :

You are not liable for 6 months rent or £2400

Alex Watts :

If he tries to damage your credit, which I doubt you can take him to Court under the Data Protection Act.

Alex Watts :

But as a Landlord he can't give you bad credit, he needs a Court Judgment for any arrears claimed.

Alex Watts :

If there are Court proceedings you would know about this.

Alex Watts :

So without a contract and agreement then he can not claim £2400

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Does he have the right to claim rent for any time I was in the property even though he doesn't know the date I moved in/left, he could probably make an estimate from other tenants in the property
Alex Watts :

Yes you are liable for rent in the property of course, you can;t live there for free

Alex Watts :

Can I clarify anything else?

Customer: Ok, so if I pay for that month he then can't pursue it amy further
Alex Watts :

Yes

Customer: Thanks
Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you, please inform me

Alex Watts :

If you need more help please click reply.

Customer: Says I can't rate because you haven't finished answering
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Expert:  Ash replied 3 years ago.
Try now!

Thanks

Alex