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No tenancy agreement yet - moving out of the flat asap

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Author Topic: No tenancy agreement yet - moving out of the flat asap  (Read 165 times)
Newbie
Posts: 3

I like property

« on: November 10, 2019, 05:44:26 PM »

I have moved to a new flat 1 month ago.

I have one flatmate who is the tenant in this flat.

In the past, the contract was on his name and he then was sub-letting the second room to someone else (me in this case) by signing a tenancy agreement.

This time the contract (and the tenancy agreement) has been delayed and we have not signed anything yet.

Can I leave the flat without any (long) notice (period)?
Can I get my whole deposit back since we have not signed anything anyway?

Just to clarify that the reason why I want to leave so early is that my flatmate has a much more different behaviour than the one he showed the first time we met - it is revealed that he is short-tempered, aggressive etc.

Thanks you in advance :)
Sr. Member
Posts: 289

I like property

« Reply #1 on: November 10, 2019, 09:04:59 PM »

You moved in and started living there, and presumingly paid rent at some point, so there's clearly a tenancy, even if the agreement is only oral so far. If the situation were reversed, you wouldn't want a landlord to be able to kick you out without any notice and plead there was never any tenancy. So in theory, whatever you had agreed to prior to you moving in applies in terms of any fixed term or notice period etc. OTOH, what evidence does the landlord, and by landlord I mean your landlord which is the flatmate tenant have on what was agreed?
Newbie
Posts: 3

I like property

« Reply #2 on: November 10, 2019, 11:20:54 PM »

Thank you for your answer :)

What you say makes sense.

However, the proper contract is for 6 months (and I suppose that the tenancy agreement will be for the same duration) and we have not signed anything yet and not even extensively discussed (especially about notice periods).

I do pay the rent ( I am one month here) and did provided a deposit but that's all.

So do you still think that I can be in legal trouble if I leave the flat next week or at most after one month (and claim my deposit back) without signing the contract (and tenancy agreement) which must be coming some time next week?

And just to be clear my flatmate is the tenant (he is not the landlord) and he is basically sub-letting the room to me (only his name is/will-be on the contract).
« Last Edit: November 10, 2019, 11:22:37 PM by Grand_poete »
Sr. Member
Posts: 289

I like property

« Reply #3 on: November 11, 2019, 12:43:27 AM »

And just to be clear my flatmate is the tenant (he is not the landlord) and he is basically sub-letting the room to me (only his name is/will-be on the contract).

You are renting a room from him. He is your landlord.
Newbie
Posts: 3

I like property

« Reply #4 on: November 11, 2019, 01:26:30 AM »

Ok sure then if this is the case.

However, for example we have never talked about notice periods etc.

So to my question :do you still think that I can be in legal trouble if I leave the flat next week or at most after one month (and claim my deposit back) without signing the contract (and tenancy agreement) which must be coming some time next week?

Although to be honest i think that he would not chase this down anyway because he is too busy (and also his finances are poor).
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