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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think that my (upcoming) landlord should pay to put me in a hotel?

260 replies

RogelioMyBrogelio · 27/08/2018 08:32

I’m due to move into a flat next Monday, but unfortunately I’ve had a call today to say that the upstairs flat has had a burst pipe and my (soon to be) flat has significant damage to the ceiling, walls and electrics. An insurance assessor is coming tomorrow apparently, but my new (upcoming) landlord says I won’t be moving in next week by the looks of it. I’ve asked if she can put me up in a hotel until then, as my current tenancy ends next week too. She has said no as the new tenancy hasn’t started so she doesn’t have me covered on her insurance, and I also haven’t signed a contract (she did send me one but I was just gonna leave it until the day I moved in to sign it). I have given her a month’s deposit, which she has protected and is offering to send back to me today out her own pocket so I don’t have to claim, but what I really want is to be in that flat! a contract has been drawn up and dated 2 weeks ago so AIBU to think that the protections stipulated in that contract should apply to me (it says in the case of emergencies that the landlord will put the tenants up in a hotel)

OP posts:
AnyFucker · 27/08/2018 09:09

Ah. Your update sheds more light.

Take your deposit and do one. The landlord has had a lucky escape.

Cockapoomummy · 27/08/2018 09:11

You have to come to court with clean hands. Your lie won’t stand you well.

CheekyRedhead · 27/08/2018 09:12

What a cf. You can't pick and choose terms to suit. You didn't sign the contract for your own flexibility, openly admitted you would leave the ll in th we lurch if it suited you yet expect tenancy rights on a unexpected accident. No legally as you took the Mick you are not covered and quite right too. Sounds like the 'll has had a lucky escape from you. The world owes you nothing mate

Original poster
RogelioMyBrogelio · 27/08/2018 09:14

Look I really do just want to know where I stand legally. I have a deposit protection certificate dated from the day I was supposed to move in, for 6 months. I know it’s not a contract, but surely that would count as an acceptance of my tenancy? My current flat is crippling me financially, I really don’t want to start the process over again for looking for another place to live.

OP posts:
Cupoteap · 27/08/2018 09:16

@RogelioMyBrogelio report your thread and get it moved to legal. AIBU is not the place for the advice you want.

Original poster
RogelioMyBrogelio · 27/08/2018 09:17

CheekyRedHead I didn’t openly state though why I didn’t want to sign the contract, and I have an electronic copy, so legally how can this not make me covered? I’m not being arsey I just want to know where I stand from a legal viewpoint

OP posts:
Mummyoflittledragon · 27/08/2018 09:17

The best bet is to contact the deposit scheme company and ask if they can give you any advice. You made a bad choice. It happens. A lot of us have been there and crippled ourselves further financially.

slowco4ch · 27/08/2018 09:19

You’re not covered, simple as that. You haven’t got a signed contract, nor have you started your tenancy. You’re not going to get anywhere in small claims court, you have no claim

Mummyoflittledragon · 27/08/2018 09:19

To add, had you moved in and not signed the contract, you would definitely then be able to claim. But what you are asking is very odd.

If the flat is depleting your savings, the best thing to do is to find a ll, who will accept you pay an insurance policy in lieu of deposit. It is a lot less but the caveat is that it’s non refundable.

IgglePigglesAnnoyingGiggle · 27/08/2018 09:19

I hope your landlord reads Mumsnet, you are exactly the kind of tenant that has pushed us to sell our rental property.

LeftRightCentre · 27/08/2018 09:20

Look I really do just want to know where I stand legally.

Then call Shelter or see Citizen's Advice. It's not the LL's fault your rent is high just now.

I have a deposit protection certificate dated from the day I was supposed to move in, for 6 months. I know it’s not a contract, but surely that would count as an acceptance of my tenancy?

But you're not a tenant, you're still legally the tenant of your present LL.

You seriously think this gal has to put you up in a hotel for however long it takes her flat to get fixed (which could be 6 months) and then let you move in?

You've got more front that Sainsbo's.

PotteringAlong · 27/08/2018 09:20

She wanted me to meet to sign the contract when she drew it up but I wanted to do it last minute to protect myself

So when it suits you you want the deposit to be proof of contract, but if things had been different you would argue the other way around?!

You can’t have your cake and eat it, you know.

frogsoup · 27/08/2018 09:21

But you've been told repeatedly (and by people who know what they are talking about) what the legal position is!

FuckPants · 27/08/2018 09:22

You're a chancer and the landlord has had a lucky escape.

You cannot say that you didn't want to be bound by a contract but you expect the landlord to be.

harriethoyle · 27/08/2018 09:22

You're an absolute C.F. and being VVVVU. Unbelievable that you didn't sign because you didn't want to be bound but now want your landlord to be!!

LeftRightCentre · 27/08/2018 09:22

I have an electronic copy, so legally how can this not make me covered?

Because it's not signed and you're still a tenant of your current LL.

MidniteScribbler · 27/08/2018 09:22

My current flat is crippling me financially, I really don’t want to start the process over again for looking for another place to live.

And so you think a complete stranger should be responsible for this and put you up in a five star hotel? When you already have a place to live, it just doesn't suit you.

CFer on a whole new level.

TerfsUp · 27/08/2018 09:22

I know it’s not a contract

You know the answer so there's no point asking for advice.

Twotailed · 27/08/2018 09:22

I think you need proper legal advice - you need to bear in mind that if you insist that the contract is in force and that she therefore owes you obligations, you will be bound by it in return. That may not be something you want if this is going to take a long time to fix. You don’t want to decide in 6 weeks’ time when it’s still ongoing that you want to take on a new property and then find yourself bound by your contract once the old one is livable in.

If I were you I would accept her offer to return the deposit and look elsewhere. But if you do want to enforce the contract, seek legal advice first.

NettleTea · 27/08/2018 09:23

well if you really want that flat Id play nice by the landlady.
She allowed you the flexibility of not signing the contract on the day she drew it up - she trusted you there, even though you were actually planning to shaft her if your job situation didnt work out.
She has come to you and offered you the deposit back
If you actually want to move into this flat dont play silly buggers with her. If its a good flat, at a good price, and you intend to stay long term, then dont take the piss
tell her you still want the flat - as it stands you probably get first refusal
you start taking her to court you will have to do the search process all over again anyway, because she will terminate. Or are you planning on digging in and having to be evicted too.
Why should she pay out of her pocket for you to stay in a hotel? Your contract hasnt been signed, your tenancy hasnt started, no insurance company will pay out to cover you, and you think she should, whilst recieving no rent?

TerfsUp · 27/08/2018 09:24

Really, you are being a CF.

Not only do you want your would-be landlord to put you up in a hotel for an undetermined amount of time because you lied about not wanting to sign a contract, you now want free legal advice.

LeftRightCentre · 27/08/2018 09:26

you need to bear in mind that if you insist that the contract is in force and that she therefore owes you obligations, you will be bound by it in return.

Which means you need to pay the rent. And then, after 4 months, she can serve you the 2 months notice to quit. And it will take 6 months for the flat to be repaired, then you'll never set foot in it because she won't touch you with a 10 foot barge pole as a tenant after this.

SparklyMagpie · 27/08/2018 09:26

YABVU

I think you're a right cheeky fucker to be fair

supadupapupascupa · 27/08/2018 09:28

Does anyone know you’ve not signed it? Can’t you just sign it?

Original poster
RogelioMyBrogelio · 27/08/2018 09:29

Does anyone know you’ve not signed it? Can’t you just sign it?

Well the landlord hasn’t signed it, nor have any witnesses, the document has space for these so I imagine it’s only valid when they sign and date it

OP posts: