UKC

....and obviously UKC is the place to come.

I'd like to know:

If you reply to an online advert for accommodation and move in, is that tantamount to making a contract accepting the terms written in that advert?

If not, how is a contract defined if nothing has been written or signed

Many many thanks, answers of any sophistication are all very welcome

In reply to dudders:

Is this in Scotland? I suspect that makes a difference.

In reply to dudders:


offer, acceptance, consideration (£)

In reply to dudders:

Please tell me you didn't move in without signing some form of tenancy agreement. If you did, I think you are probably in very grey territory and have little or no rights as the landlord could claim you were squatting and evict you. It is basically his word against yours and seeing as it is his house what could you claim?

In reply to dudders:

"It is not necessary to have a written agreement to create a proper tenancy. If you just go in and start paying rent of, say, £400 per month, then you will have a ‘periodic’ monthly tenancy at a rent of £400 per month."

http://www.landlordlawblog.co.uk/2012/01/23/can-i-move-out-when-i-like-if-i...

Might be worth having a read of the linked article

In reply to ByEek:

Rubbish. There is an agreement in place, even if there isn't a written agreement. Squatters don't pay rent.

In reply to dudders:

Instead of coming to the butcher, the baker and candlestickmaker I think you'd be better off going to CAB or one of those local solicitors who advertises their first hour free.

In reply to Wiley Coyote:

Legal advice is, it is said, worth precisely what you paid for it.

Neil

In reply to Neil Williams:



And often the free stuff proves the most expensive

In reply to dudders:
thanks for all the replies

I intend to go into the CAB to get their view on it. This isn't about me, but a friend.

Basically what happened is they moved into a property as a lodger after seeing an advert online. However the place was not as described in the advert and the landlord was a bit crazy. After three nights in the place they told the landlord that they intended to leave after one week, at which point he told them they had to leave that night, which they did.

They had not paid rent in advance or paid a deposit. The landlord is now demanding a full months rent, and threatens to take out a small claim against them. My friend has agreed only to pay for a week.

Seeing as no payment has been made, is there still a contract in place, demanding 28 days notice etc?

In reply to dudders:

To be honest I'm not sure anyone would believe a landlord would be stupid enough to let someone move in to their property without a written contract, deposit or upfront rent. I'd imagine (a) they won't take it to the SCC and (b) if they do it will just get laughed out. Personally I doubt I would pay the weeks rent, they were forcibly evicted after 3 days, the landlord sounds like a nob and I'd just ignore him.

In reply to dudders:
Legally messy but if this is in Scotland there are a few things the landlord should have done. The second point is more important.

1. Put your deposit in a scheme as set out in the new ish letting law.
2. Give you a tenant information pack

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/ten...

If no money changed hands and there is no tennant info pack which the landlord was legally obliged to give him by the let start date. No written contract. Then the landlord can jog on.

You should also report the landlord to the council or whoever because you can and he she deserves it.

In reply to dudders:

Is there any proof your friend actually lived there other than the landlord's word?