Is this tenancy agreement legitimate?
I have a private landlord that won't let me leave my agreement. But the agreement is not a standard template. It literally looks like it was written by a foreign 12 year old. A lot of spelling mistakes. A lot of nonsensical clauses. A lot of clauses that directly contradict other clauses.
It also gives him freedom to end my agreement for no reason with 2 weeks notice and says I can't end my agreement under any circumstances, even emergencies. So obviously that's giving him a significant advantage over me, which I think counts as an unfair term.
He didn't protect my deposit. He also didn't provide his real address. He put the address of the flat for rent as his address for serving notices. He doesn't live there. And it's a very clever way to avoid getting sued.
Everything tells me he's a fraud. The other 6 tenants have stopped paying him rent altogether. Wondering if I should do so too seeing as this tenancy agreement looks like a sham
- 1 month ago
If the contract mentions the benefits and disadvantages of the tenant, then the contract can be said to be valid
- Beverly SLv 71 month ago
You can't just live somewhere & not pay rent. No they can't evict you right now but when the time is up you will have to pay all the rent you didn't pay.. otherwise you will be sued and your paycheck garnished & you will have trouble finding anyone who will rent to you again.
- JLv 51 month ago
Since you called it a flat, I’m assuming you live in the UK. I don’t know the laws there but I can tell you how this works in the US.
Any ambiguous or unclear language in a contract is usually interpreted in favor of the person who did not prepare the contract. Contradicting statements will favor your position. You can’t do anything about the parts that just seem unfair. You signed it, therefore you agreed to it.
If you are worried about getting your deposit back, just don’t pay rent for the last month you stay there. That way he won’t owe you anything when you leave. He could sue you for any damages though. Is there any reason why you don’t wanna stay till your lease is up? If you pay rent and you live there, what’s the scam? It seems sketchy, but as of now, you aren’t out any money. Just don’t put yourself in a position for him to owe you anything.
- Christin KLv 71 month ago
What you and the other tenants should REALLY be doing is not halting rent payments, but taking the agreement to a solicitor or legal expert and having them look at it to see what your rights ACTUALLY are or are NOT. Halting rent payments will surely trigger eviction and further legal battles. If the agreement is as bad as you say, it may not be legally binding--but you'll never know that. Don't antagonize the landlord for no good reason--do it the right way. In the meantime, pay your rent into an escrow account so you don't get into trouble or have your credit destroyed for non-payment.
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- MaxiLv 71 month ago
From what you have written it sounds like you are UK based...if that is the case then you phone the local council ask to speak to the environmental department private landlord officer.... You keep paying your rent, just because the landlord is behaving illegally doesn't mean you should
1) There are statuatory laws which ALL landlords have to follow and no tenancy contract the landlord has drawn up can over ride these statuatory laws, which means he can't 'not allow' you to give notice to leave AND 2 weeks notice for him to give notice is illegal. So illegal terms in ANY contract will not stand in any court
2) it is unclear if you are speaking about 6 separate flats or one shared property, so if more than 3 unrelated people are living in the same property that means it legally has to be registered with the council as an HMO.
3) ALL landlords have to give their tenants their address
4) ALL landlords are legally obligated to secure the tenants deposit and have to give you details of which company it is secured with
- babyboomer1001Lv 71 month ago
Provided he has authority to rent the place, all legal clauses ARE enforceable in court. There is no law against drafting a crappy lease, a hand-written one, or even one with spelling errors, or by someone whose English sucks. However, some of what you expect is unreasonable. For example, most leases deny any early opt out. Landlords are never obligated to let you out of a lease, and most will not. When you sign a lease, you are usually bound by the terms and conditions of it, even if it is a 5 year or 10 year lease. If you don't like it, don't sign it. About the illegal clauses - a landlord's clause that conflicts with state law would never hold water in court. He can easily be sued - don't you worry about that. His business would be registered and the registration papers would state the person's name and address for service of a lawsuit. Law firms never serve someone at any address just given to them by a tenant, or where the landlord happens to live. In fact, a landlord is not usually the appropriate person to serve.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Anonymous1 month ago
I think you should save as much money as you can, and buy yourself a livable asset.
FYI.....This is what I am doing.
I already picked what I want to live in, and where I want to live. I recommend you do the same!
- Pearl LLv 71 month ago
i would hope so
- PearlLv 71 month ago
i would hope it is
- D.E.B.S.Lv 71 month ago
Sounds like a badly written and likely not enforceable agreement. If you want to know for certain, you can have a lawyer look at it for a small fee. Otherwise, go with the laws of your state for giving notice and terminating it.