I attempted to hand my notice in for a joint tenancy (2 tenants) on the 7th May (to terminate on 11th June (contract date). The Landlord informed me that both tenants had to give a notice to terminate the contract (this is incorrect as it was a periodic contract, my flatmate wanted to stay) and said that I couldn't hand it in. I was then forced to enter an agreement with the tenant and landlord for the second tenant to pay my deposit on 1st June when I move out make him liable for all rent. I have yet to receive my deposit and the second tenant has not been paying rent making me "joint and liable" under the initial contract. Can I claim misrepresentation under the first contract (I have a recorded call) or possibly enforce the second collateral contract (I have an email) to avoid paying additional rent?
All files here:
The Landlord told you that you were unable to give notice?
The Landlord is wrong
Any tenant can end at any point on a periodic
Therefore if this was wrong, you can't be bound by future contracts
The Landlord lied
You can't be liable
If he tries to take him to Court then you could defend it on the basis of the misrepresentation
Can I clarify anything for you about this today please?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.