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Kurt Barlow

Repudiatory Breach Of Rental Contract

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Rented a room on a mon-fri basis a stones throw from work. Anyway last week went back on two days for lunch. On the second day land lady says;

I didnt expect you to be coming back at lunchtimes

I reply - well not every day but on occasions I might wish to lunch at home

She then says well it feels like an invasion of my privacy - if you were in a hotel you would have to go out in the day

I couldnt be bothered to argue there and then so just left it

Today was passing and wanted to see if a letter had come so at 4pm went into the house and she is immediately on my back about coming back in the daytime ffs!

The rental term is a minimum of 3 months however I feel she has repudiated it by curtailing my reasonable use of the room in the contracted period (monday-friday). Assuming my new contract comes tomorrow I wont need the room. Going to say keep the rest of this months rent but as you have repudiated the contract I am entitled to my deposit back.

Any thoughts?

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All depends what the tenancy agreement states.

She must refund your deposit in any case when you quit the tenancy; however if you desire to quit early, then she is entitled to deduct the balance of the rent from any deposit until the lease tenor (term) efluxes. (Expires.).

I'd try it on however!

:lol:

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She then says well it feels like an invasion of my privacy - if you were in a hotel you would have to go out in the day

Any thoughts?

Well she's certainly wrong about that - a B&B maybe, but I stay in hotels all over the place for work, and frequently work in my room between meetings. I have never had a single request to be out during the day.

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She then says well it feels like an invasion of my privacy - if you were in a hotel you would have to go out in the day

Kurt, They used to do that in 1950`s seaside B&B`s.... It was expected for you not to return before say, 5pm....

I am not aware of any hotels or establishments that have that ruling anymore.

How rude!!

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Rented a room on a mon-fri basis a stones throw from work. Anyway last week went back on two days for lunch. On the second day land lady says;

I didnt expect you to be coming back at lunchtimes

I reply - well not every day but on occasions I might wish to lunch at home

She then says well it feels like an invasion of my privacy - if you were in a hotel you would have to go out in the day

I couldnt be bothered to argue there and then so just left it

Today was passing and wanted to see if a letter had come so at 4pm went into the house and she is immediately on my back about coming back in the daytime ffs!

The rental term is a minimum of 3 months however I feel she has repudiated it by curtailing my reasonable use of the room in the contracted period (monday-friday). Assuming my new contract comes tomorrow I wont need the room. Going to say keep the rest of this months rent but as you have repudiated the contract I am entitled to my deposit back.

Any thoughts?

My daughter rented a room not long ago (came back home but that's another story) as she worked shifts it would have been a bit difficult for her to keep to that type of arrangement. Shelter has some asvice here:

http://england.shelter.org.uk/get_advice/r...letting/lodgers

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I lodged in London not that long ago when I needed to be there for a two month project and only wanted something temporary. Had a similar experience, total unreasonable by any normal persons standard. These people don't seem to understand the difference between taking in a lodger and running a homeless shelter.

I think you hold all the cards with demanding the money back. Even if it's in the contract I doubt it's enforceable. Unless she made it clear you were not permitted to return in the day when you took the room on it's misrepresentation regardless on what the contract says.

Tell her politely you didn't realise this was the case and would like to leave with the return of your money. If she refuses, then send her a polite letter asking she return your money, then send a slightly more forceful letter stating you don't want to have to resort to a county court claim but will do if need be. If no money by then make a county court claim: www.moneyclaim.gov.uk. Very good odds of winning it.

Many people think tenant's and all sorts of other deposits are effectively free money for them and that 'everyone expects it'. The courts see it very differently. Remember, as well, that any contract is only worth anything provided the person who drew it up can find a court that'll enforce it.

After general public sector bashing, wasting LLs money in protracted court battles is my next favourite hobby. :lol:

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These people really think they have the right to money for nothing, don't they?

A lot of them do seem to have this tenant scum mentality. They're also quite often the sort of insular, sheltered people who assume how they live/behave is 'normal' as it's all they know.

As an aside, I stopped and filled up at a garage in deepest, darkest Somerset the other week. Then halfway through this guy came out ranting at me like some kind of demented Wurzel. Apparently, it was attendant filling and not self-service. I pointed out to him that what I was doing is what you have to do at virtually every other feckin garage in the UK apart from his.

He wasn't at all apologetic and definitely thought it was me in the wrong. Frankly, I can't believe he's not having that rant at people on an almost daily basis.

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Guest X-QUORK
As an aside, I stopped and filled up at a garage in deepest, darkest Somerset the other week. Then halfway through this guy came out ranting at me like some kind of demented Wurzel. Apparently, it was attendant filling and not self-service. I pointed out to him that what I was doing is what you have to do at virtually every other feckin garage in the UK apart from his.

:lol:

"Get orrrrrf moy pump!!"

To the OP, have you tried posting in the rental forum? There are some pretty knowledgable folks lurking in there.

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I lodged in London not that long ago when I needed to be there for a two month project and only wanted something temporary. Had a similar experience, total unreasonable by any normal persons standard. These people don't seem to understand the difference between taking in a lodger and running a homeless shelter.

I think you hold all the cards with demanding the money back. Even if it's in the contract I doubt it's enforceable. Unless she made it clear you were not permitted to return in the day when you took the room on it's misrepresentation regardless on what the contract says.

Tell her politely you didn't realise this was the case and would like to leave with the return of your money. If she refuses, then send her a polite letter asking she return your money, then send a slightly more forceful letter stating you don't want to have to resort to a county court claim but will do if need be. If no money by then make a county court claim: www.moneyclaim.gov.uk. Very good odds of winning it.

Many people think tenant's and all sorts of other deposits are effectively free money for them and that 'everyone expects it'. The courts see it very differently. Remember, as well, that any contract is only worth anything provided the person who drew it up can find a court that'll enforce it.

After general public sector bashing, wasting LLs money in protracted court battles is my next favourite hobby. :lol:

Cheers for all the responses.

I will offer her the remainder of this months rent but politely ask for the deposit back. I shall hang on to the key so if she refuses then aside from any action I might take through the SCC (will self represent) she will feel obliged to haver new locks fitted.

Alternatively just agree amicable it hasnt worked out and settle the finasncial side and go our separate ways.

Cheers

KB

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All depends what the tenancy agreement states.

She must refund your deposit in any case when you quit the tenancy; however if you desire to quit early, then she is entitled to deduct the balance of the rent from any deposit until the lease tenor (term) efluxes. (Expires.).

I'd try it on however!

:lol:

It doesn't sound like a tenancy agreement to me. It's just a personal contractual license by the looks of it.

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It doesn't sound like a tenancy agreement to me. It's just a personal contractual license by the looks of it.

My legal status is that of an excluded occupier. Whilst she can ask me to leave at a moments notice she doesnt have the right to hang on to my deposit.

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