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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2810
Experience:  Freelance Solicitor at Self Employed
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Need to speak to lawyer about student rental property

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hi. need to speak to lawyer about student rental property agreement. deposit 900£ was paid but no contract signed.4 students were going to rent property from July 1st. 4th student pilled out and does not want to rent anymore. other 3 students found another property. only emails sent between one student and landlord but no agreement signed.now the landlord does not want to give 900 pounds depoist back as the students looked for another property with 3 bedrooms to rent.
JA: Where are you? It matters because laws vary by location.
Customer: students from coventry
JA: What steps have you taken so far?
Customer: none. the landlord has mentioned he is going to get lawyer because there is an email written agreement and he wont return deposit
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today

Customer: replied 1 year ago.
hi. what are my options?

If the tenancy agreement has not been signed, you can ask the deposit to be refunded back, if the Landlord refuses to hand it back then you can initiate small claim court proceeding aginst him

You can initiate court proceedings. it will be a small claim if you are claiming less than £10,000 from your landlord

Going to court should be your last resort. Before you start a court claim, you must send your landlord a letter before action, demanding back the deposit

Does that answer your query?

If you need further assistance, please let me know.

&

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Customer: replied 1 year ago.
but landlord says he has email written agreement saying ui said yes to property which is legal? also i went to see the house. we were 4 students renting, then the 4th student pulled out of rental at last minute. i informed the landlord on 31st may i would not be renting his property anymore. he said the tenancy agreemnt stands and the 3 students would have to pay the rent of the 4th student also who pulled out. now he wont give us our depoist back of 900£ ands sent an email saying we had a written email agreement. I said but we have no signed rental agreement. the landlord said by law we have to go through with the rental. we are students and dont have alot of money. just making ends meet...very difficlt for us. if we go through with this we will not have money for lawyers fees

There is no requirement of a written tenancy agreement if the parties intended to start the tenancy and basic conditions of the tenancy have been agreed.

Would it be possible to know the content of those email,

Could you also confirm if the deposit given as the holding deposit or tenancy security deposit or advance payment of rent?

Customer: replied 1 year ago.
in the emails both parties agree to the tenancy agreement. the 900£ is a tenancy security depoist. maybe we should just continue with the rental and try and get a 4th new tenant. as the law seems like its on the landlord side and we will loose the case

As it would be a joint tenancy, in which all tenants are severally and jointly liable for the rents and other costs of the Tenancy Agreements, even if one of the tenant leaves, it does not terminate the tenancy for rest of the tenants.

Yes,I would also suggest getting a fourth tenant and continue with the tenancy.

If you need further assistance, please let me know.

&

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Customer: replied 1 year ago.
In our email to landlord, we do mention we will go ahead with agreement but only if ther are no unforeseen circumstances(,entioned in email below), which is the case...a 4th tenant dropped out of the agreement...email we sent to Darren, the landlord to follow...
Customer: replied 1 year ago.
Hello Darren,I come through this means of communication to inform myself and another 3 tenants agree to what we discussed through personal messages with your personal phone number +44xxxxxxxxxx regarding tenancy of***** which contract is to start as of July 2020 for the agreed price of 1200( 300 for each tenant) pounds with bills included per month for a 12 month contract until end of June 2021. In addition, I inform a deposit of 1200 pounds will be paid until the end of May (31st) for the house of*****
This decision from our part will remain as long as no unforeseen circumstances appear or the images demonstrated online are misleading. Hope you don't take this last part wrongly as these times bring problems of seeing the house in person.
Should you have any enquiries feel free to contact me either through this email or my personal phone number 07xxxxxxxx. Hope all is well.Best regards,
Daniel

But as I explained above, it is a joint-tenancy, even if one of them leaves, rest of the tenants can not escape their liability as under a joint tenancy , all tenants are severally and jointly responsible. So even the 4th tenant left , the other 3 are still bound under it.

Vineet S and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thansk Vineet, we will havr to go through with it

Thank you and all the best.

Customer: replied 1 year ago.
Excellent services. Highly recommend