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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son had a tenancy of a room in a student house

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My son had a tenancy of a room in a student house for which I was guarantor it expired 02/08/15. My son stayed on another three weeks on verbal agreement and during that time the next years students started moving in belongings. They never asked for rent but I have just got a demand. Do I have to pay?
Kind regards
Customer: replied 2 years ago.
My e mail is***@******.***
Hello my name is ***** ***** I will help you with this.Did he assume it was rent free? Did he ask please?
Customer: replied 2 years ago.
I will have to ask him he definitely did not sign anything. I do not want to pay more for live chat. The amount of rent is only £318 i presume it may not be worth their while pursuing in small claims court?
Customer: replied 2 years ago.
He says he asked them about staying a bit longer but rent was not discussed.
I dont think it makes any difference whether or not he signed anything. The fact he was there implies that he would be liable further rent.If you rent a property and stay on, it makes no difference whether there was a specific agreement, its implied you would be liable for occupational rent and the same in this case.If the rent is £318 the Landlord may or may not seek a refund of this, but sadly your son and as such you are liable.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
does it make any difference that they have left it nearly ten months to demand it?
No, they have 6 years sadly under the Limitation Act 1980
Does that clarify? Alex
Customer: replied 2 years ago.
suppose then I wait and see if they take action or not maybe cost more than worth?
If they take action then the cost of issuing the claim and hearing it (fixed by the Court) can also be added. It would add about £150 in terms of legal fees.
Does that clarify?Alex
Customer: replied 2 years ago.
I though small claims court each party pays own costs?
Yes expect Court issue and hearing fee. The Claimant is also entitled to Solicitor fixed costs if they win.
But legal representation costs each side pays its own. Does that clarify? Alex
Customer: replied 2 years ago.
so you would advice payment then?
In the circumstances not a bad idea. I think you would be stuck if it went to Court.
Sorry its not better news. Alex
Customer: replied 2 years ago.
ok thankyou. I will see if they accept payment by instalments.Thanks for your help.
Good luck. If I could also ask you to rate my answer before you go please, otherwise the site does not credit me for the time spent with you.
Thanks in advance. Alex
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