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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Tenancy Termination

Resolved Question:

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:


https://www.dropbox.com/sh/5go0nl2dfmtb1k1/AACOfd293vgpco57SGSqxvgwa

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Why did you sign a new contract when you had no need to please?
Customer: It wasn't a new contract and nobody signed anything. It was an agreements between all three parties. I accepted the agreement as I was informed (incorrectly) that I was not allow the terminate the initial contract (Tenancy Signed Contract).
Customer: When I attempted to terminate the contract, my landlord told the other tenant and he formed and agreement (via an email) confirming that he would pay my deposit on 1st June when I moved out and pay all rent thereafter. the landlord agreed.
Customer: I followed my part of the agreement and left the property however the deposit was not repaid. The second tenant is now not paying rent in full knowledge that the deposit will be used to settle unpaid rent and it is a joint contract still.
Customer: Will this second 'collateral email agreement' hold any stead ( in the link in my original question) or will I be able to quote misrepresentation by the landlord for preventing me from handing in a notice?
Customer: For the actual signed primary agreement (short hold agreement)
Alex Watts : So there is no new agreement with the landlord ?
Customer: The primary Tenancy document still stands with me as a joint tenant (because I was lied to about my ability to hand in notice)
Customer: the secondary (collateral agreement) is on an email confirming that I will stop paying rent as of June 1st and my full deposit returned. The landlord agreed to this.
Customer: No new agreements. The periodic agreement from when we first moved in still stands, but I hope that this is now void due to the misrepresentation given to me by the landlord in order to coy more rent
Alex Watts :

The Landlord told you that you were unable to give notice?

Customer: The landlord refused to accept my notice and said that both tenants must give notice and not just one (incorrect as periodic). She also said that they needed vacant possession to move out. I thing she was trying to confuse me and I have it on a recorded call.
Alex Watts :

The Landlord is wrong

Alex Watts :

Any tenant can end at any point on a periodic

Alex Watts :

Therefore if this was wrong, you can't be bound by future contracts

Alex Watts :

The Landlord lied

Alex Watts :

You can't be liable

Alex Watts :

If he tries to take him to Court then you could defend it on the basis of the misrepresentation

Alex Watts :

Can I clarify anything for you about this today please?

Customer: And the email that was exchanged between all parties binding my flatmate to pay my deposit and the rent after 1st June in return for vacant possession. Although this was an email will it act as a collateral contract and used in court?
Customer: I gave vacant possession however he refused to act on his part of the agreement.
Alex Watts :

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.


 


Can I clarify anything for you about this today please?


 

Ash and other Property Law Specialists are ready to help you

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