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Jo W
Jo W, Solicitor
Category: Property Law
Satisfied Customers: 90
Experience:  Expert in property law including landlord and tenant
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Good morminn Lawyer, is it possible to withdraw from a lease

Customer Question

Good morminn Lawyer,
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: is it possible to withdraw from a lease agreement after having signed the contract and not having paid?
after discovering that they do not behave correctly and do not return the deposit anymore?
JA: Where is the property located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have seen the reviews of the agency and they are 100% negative!
Submitted: 14 days ago.
Category: Property Law
Expert:  Jo W replied 14 days ago.

Hello. My name is***** am a solicitor here to help you with your question. I will respond as soon as practicable which will be some time today.

Expert:  Jo W replied 14 days ago.

Can you clarify a few things for me?

1.  Is this a residential lease and for how long?

2. Have you paid anything such as a deposit?

3. Is there a fixed term for the lease?

Many thanks.

Customer: replied 14 days ago.
Can you clarify a few things for me?1. Is this a residential lease and for how long?
residential for 3 months2. Have you paid anything such as a deposit?
nothing3. Is there a fixed term for the lease?
3 monthsMany thanks.
Expert:  Jo W replied 14 days ago.

Okay.  Technically when you signed the lease you agreed to its terms which will have included payment for rent and may also have covered a notice period (but this lease is very short). However, you should also have been given info to be enrolled in a Tenancy Deposit Scheme  - which they have not done.  This is a legal requirement for residential tenancies so they have not complied here.

Whilst technically they could enforce the payment covenant and insist you pay, with such a short lease I am not sure it would be worth it.  They would have to bring a claim against you in the Small Claims Court.

On a practical level - since no money has changed hands, since there's no arrangement for a deposit, I think you are within your rights to say you don't want it any more, there has been a change in your circumstances and add what else you might want to say.

So, the quick answer is yes they could try to enforce payment if you have signed a lease with a payment clause in it and you have not given them notice (Not sure whether this is in the lease), but it's worth trying to pull out.  I would make it clear that the transaction has not been completed due to non payment of any deposit and monies and not been advised on the Tenancy Deposit Scheme.

I hope this helps.  If not, do please ask.