A friend wished to lease a 5 bed room house and while the house had been previously occupied,it was not finished to normal standards. So he agreed to pay a deposit on the understanding that some painting,burglar proofing and other works would be done within a month to allow him to occupy the property. One month later,the work had not started - so he met the landlord and allowed 2 more weeks and still the work had not started. So he broke the agreement and wants his money back. its now 2 months later and he still cannot get his deposit back...should he:

1 - Report to the police that he has been conned (i.e. landlord obtained money by false pretences - supposed landlord has demonstrated he did not intend to repair the house or make it habitable despite being allowed time by the future tenant)
2 - Court?

Your thoughts and experiences appreciated.




The problem with equality is that we desire that it be with those that have more than us rather that those that have less

since occupation was to be a month later,the landlord prepared a letter of offer kidn of thing - not really outlining tenancy issues - just that the property was available to let. they exchanged ID copies,signed and each has a copy of the letter of offer - a receipt was also issued but receipt is in an agents name - not the landlord's name

The problem with equality is that we desire that it be with those that have more than us rather that those that have less

Djinn

Your friend saw a house. He paid for a house that existed. that is not false pretense.

To make things worse for him,there is no false pretense in situations of future events. Otherwise all lawyers will be in jail...Not a bad idea.

Do not listen to a lawyer or a cop who tells you there is false pretence there. There was a house to rent. The owner wanted to rent him the house. It was your friend who decided that he did not want it.....because it was not painted.

he can sue for breach of contract. He has to prove that there was actually a contract and the extent of the contract. After all the landlord may say that your friend wanted a jacuzzi in the house.

He either takes him to small claims court or leaves it as is.....Oh there are no small claims courts in Kenya.

@ djinn,

your friend paid the deposit to an agent and not the landlord...so any issues to do with money,he would have to get the agents,not the landlord

as for the repairs and additionals,your friend entered into a verbal agreement (which is not binding) with the landlord who is not tied by any tenancy-landlord agreements...the letter of offer here is meaningless as it does not constitute an agreement...

so in this case i see two scenarios.....

firstly,your friend is offered a house,pays a deposit for it and agrees to occupy it a month later but does not occupy it...he is theoretically already in rent arrears in as far as the landlord is concerned...the landlord has the right to sue him for this.

your friend is not due for any refund in as far as the agent (receipt issuer) is concerned because this deposit is meant to offset the cost of minor repairs in the rental when the tenant is moving out and the defaulted rent....so the agent can also sue him for rent default....

either way your friend is not safe unless of course he is dealing with an 'understanding' landlord......


NEVER TALK OF A RHINO IF THERE IS NO TREE NEAREBY - ZULU PROVERB

Djinn,
Your friend has been screwed and there is no way under the law he can get his money back. He paid the deposit and 6 weeks down the line he had not occupied the house. Here is the biggest problem. The agent can produce the receipt and acknowledge that he received the money but then he can claim that your friend entered and occupied the house immediately after paying. What proof does your friend have that he did not occupy the house?? Hapo ndiyo shida iko. Like Kaigangio has pointed out below if push comes to shove,the landlord can sue your friend for rent arrears and if he is nasty can even sue for damage to the property. It is in situations like this that,however hard and humiliating it is,the wise thing is to walk away or ask the landlord to hurumia you na akurudishie kidogo tu from his 'kind' heart angalao ya fare.

Weusi wa nywele za mshtakiwa zaonyesha ujinga alio nao

Tumeona wengi kama hawa...

and we sort them out in only one way...

and they usually hand over the harambee money they've collected for their hospital bills...

after having barbed wire shoved up their %^&#%^#

@ djinn,

the deposit was paid to the landlord alright,but the issuer of the receipt was an agent...legally then the landlord 'knows nothing' about this deposit...so ideally,if your friend had to sue for the refund,he would sue the agent and not the landlord...the landlord has simply transfered his financial dealings or responsibilities to the agent to act on his behalf...clever landlord!!!

next,the letter of offer did gave the commencement of tenancy which was 4 weeks time but the letter did not include any conditions required to be met by the landlord prio to the occupation...this is where the catch is...your friend does not have any proof that there was an existing condition which the landlord did not live upto that prevented him from moving in into the rental...

unless your friend goes out and hire a couple of seasoned goons with red eyes and bulging byceps and parades them right infront of the landlords home,your friend can forget about the money and look for a house elsewhere....

otherwise he can still landlord,sign a lease and further agree with the landlord in writting that he (your friend) will foot the bill of repairs and additionals which will be recovered from the rent....this would have to be done before entering moving into the house...


NEVER TALK OF A RHINO IF THERE IS NO TREE NEAREBY - ZULU PROVERB