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Bad Rental Experience
Comments
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I understand that you've signed the contract (Tenancy agreement), but did the landlord ? Do you have a Tenancy agreement with the LL's signature on it ? It makes a BIG difference.
The LL may well have instructed 2 x agents, but I doubt very much that the LL would have signed 2 x Tenancy agreements ! My guess is that one (and only one) was ever signed by him. Question is....for which which Tenant ?
The OP was given the key on the agreed date and moved some stuff in. The tenancy started regardless of any landlord's signature, the key handover is sufficient. As for which agent was at fault and why that's up the the landlord to take up with the agents. The OP's beef is with the landlord as the agent the OP dealt with was acting on behalf of the landlord. The OP was illegally evicted.
The landlord may well have claim against the agent that acted without the landlord's signature but that's nothing to do with the OP. You need to split the two cases up.0 -
The OP was given the key on the agreed date and moved some stuff in. The tenancy started regardless of any landlord's signature, the key handover is sufficient.
Not so. A tenancy isn't formed by the giving of keys, neither is it formed by the giving of money. A tenancy is formed by exchange of contracts, same as a purchase.0 -
Not so. A tenancy can exist without a written agreement (as probably one of these two did). Money was paid, a date agreed, keys handed over, stuff moved in. That's more than enough!Not so. A tenancy isn't formed by the giving of keys, neither is it formed by the giving of money. A tenancy is formed by exchange of contracts, same as a purchase.
Even so it sounds like the OP's contract was signed and the current tenant's wasn't. But that current tenant has a tenancy ATM, are you saying he may not
The landlord has a claim against whichever agent was at fault but that's a different case.0 -
The contract that I signed was between myself and the letting agent.
I would assume, however, that the landlord signed a contract with the letting agent giving them the right to sign a tenancy contract on their behalf.
It concerns me if it is true that a contract signed between myself and the letting agent gives me no rights to tenancy until a contract is formally signed by the landlord.
Should I be demanding to sign a contract with the landlords signature on it going forward?0 -
Was the contract signed by the agent on the LL's behalf? Only that's fine as far was you are concerned the agent and the landlord are one as the agent acts for the landlord. I would not worry about Rainmaker, get some professional advice. The key handover is significant enough.The contract that I signed was between myself and the letting agent.
I would assume, however, that the landlord signed a contract with the letting agent giving them the right to sign a tenancy contract on their behalf.
It concerns me if it is true that a contract signed between myself and the letting agent gives me no rights to tenancy until a contract is formally signed by the landlord.
Should I be demanding to sign a contract with the landlords signature on it going forward?0 -
Was the contract signed by the agent on the LL's behalf? Only that's fine as far was you are concerned the agent and the landlord are one as the agent acts for the landlord. I would not worry about Rainmaker, get some professional advice. The key handover is significant.
The signature section says:
Signed by the Landlord(s)
(Or the Landlord's Agent)
I will get some professional advice as you suggest. Thanks.0 -
That, by far, is the best advice you've given on this thread.
I would not worry about Rainmaker, get some professional advice.
andy20
I would not let this drop if I were you. If it is held that you were the legal Tenant, it follows that you were illegally evicted. If so, you will be entitled to compensation, and if the LL has any sense he would settle out of court. As always, the devil is in the detail, the crux being - were you the legal Tenant ? It's certainly worth paying a few quid for qualified legal advice.
All the best, and please let me know the outcome.0 -
i know this is utterly wrong and frustrating, but surely your immediate concern is to find a new place to live and get settled in.
sounds like a possible lack of communication between LL and LAs - stuff like this happens
i would just move on - what Actual financial loss have you suffered ?0 -
Different case obviously but I thought the comments on illegal eviction in this post interesting:sounds like a possible lack of communication between LL and LAs - stuff like this happens
i would just move on - what Actual financial loss have you suffered ?
http://www.landlordzone.co.uk/forums/showpost.php?p=116243&postcount=650
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