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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 13978
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have been renting a property since Oct 2019. The contract

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Hi. I have been renting a property since Oct 2019. The contract was signed end of November. I paid 2 months rent after this. I have been experienced back and neck pain since I have moved here due to the bed and the wall mounted tv. I work as a contractor and could only agree to 3 months guaranteed tenancy as I could not specify if I would get any work extensions. This was fine with the landlord ar the time, however the contract was until March. I have not given them any grief during the rental period and have not even complained about the pain. I went back home for 2 weeks during the Xmas break, my space had been utilised during this time without my consent. I wish to leave the property immediately, please let me know what my rights are and what is the appropriate action to take. Thanks
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing at the minute
Assistant: Where is the home located?
Customer: Brighton, UK
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else

Hi,

Thank you for your query. What kind of agreement do you have? Is it an Assured Shorthold Tenancy?

What do you mean your space was used in your absence. Kindly explain.

Customer: replied 5 days ago.
I'm not too sure about the tenancy. On the agreement it say's Lodger Agreement.

I rent the ground floor in the property and the landlord occupy the top floor.
I left the ground floor in a clean state but came back and everything had been moved/misplaced. There was rubbish on the floor and stains on the worktops. Not ro forget urine stains in the main bathroom.
Customer: replied 5 days ago.
Please cancel the phone call
Customer: replied 5 days ago.
I wasn't aware of the charge

Hi,

Please ignore the call request.

Do you share any facilities with the landlord?

INC Law and other Law Specialists are ready to help you
Customer: replied 5 days ago.
I do not share any facilities with the landlord. The ground floor is entirely my personal space. They only require access go the stairs to get to the top floor

Hi,

That would mean that you are a tenant and not a lodger.

Have you filed a formal complaint against the landlord with the local council?

Customer: replied 5 days ago.
No, is this the best course of action. I am due ro pay rent for the following month for £1100 which I am not willing to pay. Do I have the right ro withhold payment. I mean I really do not feel comfortable being here a day longer. How long does this process take and when can I get a resolution?
Customer: replied 5 days ago.
I did not see the charge when accepted the phone call...pls ignore this

Hi,

What does your agreement state regarding termination?

Customer: replied 5 days ago.
Please see attached

Hi,

Is there anymore pages?

Customer: replied 5 days ago.
Hi. No more pages.

Hi,

I cannot see anything regarding termination and therefore that suggest that you are able to give reasonable notice if you are a lodger.

Reasonable notice could be anything from 1 week upwards.

I hope this answers your question.If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks,

Customer: replied 5 days ago.
Although it does not mention termination, can I legally leave before the 5 months which have been agreed on the contract?

Hi,

Yes you can, but you could be liable for the rent for the remainder of the term.

Even if you were to leave early, the landlord would have to pursue you through the courts. For this, he would need a forwarding address.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 4 days ago.
So if they do not have my home address details they cannot pursue through the courts? They only have a contact number. Is there any way for them to find out my address?
Customer: replied 4 days ago.
Hi
Having re-read the contract, 3.17 on the agreement sounds like termination clause although not exactly worded like that. Please can you clarify? Thanks

Hi,

He can oy find your forwarding details through a tracing agent. Even then, he would have to issue a aim through the courts to your last known address.

3.17 is not a termination clause.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks