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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 3051
Experience:  Freelance Solicitor at Self Employed
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I would like to consult when I signed a contract for renting

Customer Question

Hello, I would like to consult when I signed a contract for renting an apartment. The apartment did not inform me that my course duration did not meet their requirements, and it did not strictly check my student information before signing the contract. After I signed the contract, I was informed that my course duration did not meet the requirements, and asked me to move out and continue to perform the contract to pay rent. Can I request the cancellation of the contract in this case? Thank you!
JA: Where are you? It matters because laws vary by location.
Customer: I'm in England
JA: What steps have you taken so far?
Customer: I communicated with the apartment via email, and I said that I didn’t know that you judged the tenant as a student based on the length of the course, and did not explain this to me beforehand. If I do not meet the requirements at the beginning, the apartment should not sign a contract with me, and if I know that I do not meet the requirements, I will not renew the room.
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 proposed to the apartment that I can use the rent already paid as compensation for my side, and then I immediately move out of the apartment and ask for the termination of the contract. However, they are also responsible for checking whether the tenant’s qualifications meet the requirements before signing the contract, not after signing the contract. But the apartment hasn't replied to me yet
Submitted: 10 days ago.
Category: Property Law
Expert:  Vineet S replied 10 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 10 days ago.

Hi there,

Could you please confirm if you have signed an Assured shorthold tenancy for a fixed term period?

Customer: replied 10 days ago.
I have signed a 51weeks contract
Expert:  Vineet S replied 10 days ago.

Could you please attach your tenancy agreement here.

Customer: replied 10 days ago.
File attached (111ZSS3)
Customer: replied 10 days ago.
It’s all done in the mail
Expert:  Vineet S replied 10 days ago.

Thank you. I will go through it and will be with you shortly.

Customer: replied 10 days ago.
OK,thank you
Expert:  Vineet S replied 10 days ago.

Hi there,

It is a fixed term Licence agreement . it is not a tenancy agreement.

Licensees are excluded occupants, which means they can be evicted without a court order.

If the occupier has a fixed term contract, they are entitled to remain in the premises during the fixed term.

The landlord can only evict the occupier before the end of the fixed term if there is a break clause or forfeiture clause allowing them to do so.

Here in your case, it is fixed term agreement till 03/09/2022.

Your Landlord would have to check if you are suitable or not for the term before entering into this agreement .

Now, for asking you to move within the fixed term , your Landlord would have to compensate you for your inconveniences.

Expert:  Vineet S replied 10 days ago.

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 10 days ago.
Thanks for your reply.So, the landlord must also be responsible, right? Because the landlord did not check whether I met their contract requirements before the agreement.In this case,can I request the termination of the agreement?
Expert:  Vineet S replied 10 days ago.

No, if they want you out, so they have to request you to move and compensate you accordingly .

Customer: replied 10 days ago.
the landlord has made it clear that I must move out in September, but it also requires me to continue to perform the contract and be responsible for all rent.
Customer: replied 10 days ago.
I think this is a very unreasonable request.
Expert:  Vineet S replied 10 days ago.

What does that mean, that you vacate the property but still pays the rent?

Expert:  Vineet S replied 10 days ago.

It is indeed.

Expert:  Vineet S replied 10 days ago.

You do not have to leave , it is for the Landlord to prove that you are in breach to terminate the contract.

Customer: replied 10 days ago.
it requires me to continue to be responsible for the rent.
Expert:  Vineet S replied 10 days ago.

Landlord can not make you leave within the fixed term.

Now the contract has been effective and both parties are legally bound by it.

Expert:  Vineet S replied 10 days ago.

I trust this helps.

If you need further assistance, please let me know.

Thank you for using Just Answers. Best wishes.

Customer: replied 10 days ago.
The landlord said that I will no longer be a full-time student after September, so I cannot continue to live here.It did not ask about the length of my course when it offered the contract, and I didn't know that it was necessary to judge the standard of students based on the length of the course, because I had not graduated yet.
Customer: replied 10 days ago.
It only informed me that it did not meet their requirements after I signed the contract.
Expert:  Vineet S replied 10 days ago.

So, it can be mutual termination of the contract, and you should not be penalised for the Landlord's mistake.

Customer: replied 10 days ago.
The landlord did not ask me to provide any student information when signing the contract. I did not know that I needed to confirm the duration of the course. If I know that I do not meet the requirements, I will not rent. Is the landlord also liable in this case?
Customer: replied 10 days ago.
I can propose to terminate the contract, right? Do I need to make any compensation?
Customer: replied 10 days ago.
In this situation, I agree that I can move out, but I think I am not responsible for all the rent? Because the landlord asked me to be responsible for the rent.I don't know how to deal with it.
Expert:  Vineet S replied 10 days ago.

Tell the landlord, that at the time of signings , it was not made clear to you that the period of tenancy is connected with your study course.

Customer: replied 10 days ago.
Ok, I will tell the landlord about this. Can I request mutual termination of the contract in this case?
Expert:  Vineet S replied 10 days ago.

Yes, you can ask for a mutual termination of the contract.

Customer: replied 10 days ago.
OK, I will continue to communicate with the landlord.Thank you for your answer, it is very helpful to me. You are really kind and make me feel warm. If I encounter problems in the subsequent processing, can I still consult you?
Expert:  Vineet S replied 10 days ago.

Yes , sure , if you have any questions in future , you can get in touch by opening up a new post/question and FAO: Vineet S and I will be happy to help.

Thank you. Have a good day.

Customer: replied 10 days ago.
Thank you! Have a nice day!
Expert:  Vineet S replied 10 days ago.

You are welcome. Regards.