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  • FIRST POST
    • jumari
    • By jumari 15th Mar 17, 12:52 PM
    • 6Posts
    • 6Thanks
    jumari
    lanlord cancels day before tenancy
    • #1
    • 15th Mar 17, 12:52 PM
    lanlord cancels day before tenancy 15th Mar 17 at 12:52 PM
    Hi,

    yesterday I signed a 12mth tenancy agreement and today I was supposed to be collecting tge keys. I have paid a 6 week deposit and 6 mths rent in advance.

    Last night (6.50pm) I received an email from the agent saying they had to cancel the check in, under instructions from the Landlord.

    My question is, can they do this? I have signed the agreement paid over all the monies, purchased curtains, packed all my belongings, and I also had a removal van hired for today.

    Is this is a breach of contract and what happens to the agents fees of £550 that I have already paid?
Page 1
    • Pixie5740
    • By Pixie5740 15th Mar 17, 12:55 PM
    • 10,828 Posts
    • 14,963 Thanks
    Pixie5740
    • #2
    • 15th Mar 17, 12:55 PM
    • #2
    • 15th Mar 17, 12:55 PM
    Does the landlord want to cancel the contract completely or just delay the date of check-in?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • fairy lights
    • By fairy lights 15th Mar 17, 12:56 PM
    • 8,033 Posts
    • 26,795 Thanks
    fairy lights
    • #3
    • 15th Mar 17, 12:56 PM
    • #3
    • 15th Mar 17, 12:56 PM
    Have you phoned the agency to find out exactly what's happening?
    • stator
    • By stator 15th Mar 17, 1:02 PM
    • 5,808 Posts
    • 3,812 Thanks
    stator
    • #4
    • 15th Mar 17, 1:02 PM
    • #4
    • 15th Mar 17, 1:02 PM
    If the tenancy has been signed by both parties go to their office to collect the keys.
    Changing the world, one sarcastic comment at a time.
    • jumari
    • By jumari 15th Mar 17, 1:17 PM
    • 6 Posts
    • 6 Thanks
    jumari
    • #5
    • 15th Mar 17, 1:17 PM
    • #5
    • 15th Mar 17, 1:17 PM
    I signed the tenancy agreement yesterday, not sure if landlord has. Estate agent says its never happened before and so is out of their hands. result = Home in boxes with nowhere to go. Disabled daughter in tears along with my 5 & 6 yr olds
    • NYM
    • By NYM 15th Mar 17, 1:21 PM
    • 3,352 Posts
    • 5,863 Thanks
    NYM
    • #6
    • 15th Mar 17, 1:21 PM
    • #6
    • 15th Mar 17, 1:21 PM
    I signed the tenancy agreement yesterday, not sure if landlord has. Estate agent says its never happened before and so is out of their hands. result = Home in boxes with nowhere to go. Disabled daughter in tears along with my 5 & 6 yr olds
    Originally posted by jumari

    Have you got a copy of the Agreement?
    • Heather2603
    • By Heather2603 15th Mar 17, 1:21 PM
    • 71 Posts
    • 95 Thanks
    Heather2603
    • #7
    • 15th Mar 17, 1:21 PM
    • #7
    • 15th Mar 17, 1:21 PM
    Did they give any reasons? Is it a cancellation of tenancy altogether or just a delay? If cancellation have they advised when you will receive a refund of all monies paid?
    • jumari
    • By jumari 15th Mar 17, 1:26 PM
    • 6 Posts
    • 6 Thanks
    jumari
    • #8
    • 15th Mar 17, 1:26 PM
    • #8
    • 15th Mar 17, 1:26 PM
    Landlord has decided they don't want to let to us period. No explanation, the agent will refund £9000 minus referencing. Not sure if I can claim for the curtains I have purchased.

    I was just trying to find out if there was a breach of contract.
    • Pixie5740
    • By Pixie5740 15th Mar 17, 1:32 PM
    • 10,828 Posts
    • 14,963 Thanks
    Pixie5740
    • #9
    • 15th Mar 17, 1:32 PM
    • #9
    • 15th Mar 17, 1:32 PM
    I don't think you have any claim with regards to the curtains or any other furnishing you have purchased. I would however be asking for the referencing fees back. Either the letting agent should waive them or claim them from their client.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • cooltt
    • By cooltt 15th Mar 17, 1:43 PM
    • 551 Posts
    • 295 Thanks
    cooltt
    Landlord has decided they don't want to let to us period. No explanation, the agent will refund £9000 minus referencing. Not sure if I can claim for the curtains I have purchased.

    I was just trying to find out if there was a breach of contract.
    Originally posted by jumari
    If the TA was signed by both parties then yes the landlord is in breach of contract and you are entitled to damages for the cost of finding somewhere else to live and the cost of referencing.

    This is why you make sure the TA is signed by the agent / landlord BEFORE you sign it.
    • jumari
    • By jumari 15th Mar 17, 1:48 PM
    • 6 Posts
    • 6 Thanks
    jumari
    Thank you, some good advice x
    • Arleen
    • By Arleen 15th Mar 17, 1:49 PM
    • 946 Posts
    • 698 Thanks
    Arleen
    As the LL is clearly in breach of the contract (and there is a contract, him not returning the money is about as good as signing it) the very least he has to do is refund your deposit, rent etc which he is doing. You likely also have a claim for your moving expenses (although try to cancel the moving company, explain what happened and see if you can get your money back), but not the furniture etc - those are possessions you should return to the store if you don't need them anymore. And absolutely get the referencing money back from the agents and tell them as advised above - to chase the LL for it.

    Remember that if you have nowhere to go, you don't have to vacate your current premises, even if your tenancy is about to end tomorrow.
    • Miss Samantha
    • By Miss Samantha 15th Mar 17, 1:49 PM
    • 1,177 Posts
    • 1,122 Thanks
    Miss Samantha
    There is likely a contract in any case.

    OP should insist that there is and seek performance (being given the keys) or compensation for all it is going to cost her.
    • jumari
    • By jumari 15th Mar 17, 1:51 PM
    • 6 Posts
    • 6 Thanks
    jumari
    Thank you, some good advice for future reference
    • jacksmith93
    • By jacksmith93 15th Mar 17, 1:54 PM
    • 5 Posts
    • 1 Thanks
    jacksmith93
    Generally, there would be a case, even if not signed as the contact is implied. However, most agreements and lettings all state subject to contract and unfortunately if that's the case the implied element falls by the wayside.


    Hope all gets sorted somehow!
    • steampowered
    • By steampowered 15th Mar 17, 2:03 PM
    • 1,688 Posts
    • 1,617 Thanks
    steampowered
    I would tell the letting agent that you will be claiming all costs from the landlord. This will include the cost of staying in a hotel, reference fees, the additional cost of finding a new property to rent and the cost of furnishing. This will be backed up by a county court claim if necessary.

    You might not get all of that, but I think that should be your opening negotiating position. As you have been royally shafted there is no point in rolling over.

    There may well be a legal basis for saying that a contract had been agreed (even if the landlord never signed it), particularly if the deposit was accepted some time ago.
    • deannatrois
    • By deannatrois 15th Mar 17, 2:04 PM
    • 4,747 Posts
    • 6,676 Thanks
    deannatrois
    Phone Shelter for advice urgently (0808 169 6839). They will be able to talk it over with you and let you know what you can claim back, and what you can do now you are in this situation. Sometimes your Local Authority's Housing Department will help negotiate in this situation as well.., they won't want to put you on their homeless list.

    Very sorry this has happened. I know it must be a nightmare.

    Do the agency have anywhere else they can put you? i would imagine (in spite of them saying its out of their hands) they are in doo doo as well.
    Last edited by deannatrois; 15-03-2017 at 2:08 PM.
    • saajan_12
    • By saajan_12 15th Mar 17, 2:07 PM
    • 769 Posts
    • 509 Thanks
    saajan_12
    Since you haven't moved in, the tenancy hasn't started yet, so you wouldn't have tenant's rights. However if you have a contract which the LL breached, they would be liable for your losses / any monies you spent on reliance of that contract.

    I signed the tenancy agreement yesterday, not sure if landlord has. - if the written agreeement was never fully executed, then you're relying on a verbal contract, which the EA / LL will say they would never have finally agreed. Estate agent says its never happened before and so is out of their hands. result = Home in boxes with nowhere to go. Disabled daughter in tears along with my 5 & 6 yr olds - Contracts and breaches aside, I understand this is a stressful situation, but please try not to let it affect you and your kids. Where are you living now? Can you extend that at all while you look for something else? Are there any friends/ family who can help with a room in the interim?
    Originally posted by jumari
    As your tenancy hadn't started, if the LL did breach a contract, they would only be liable to you in monetary terms, which could unfortunately take time to recover. Focus your immediate energy on finding somewhere to live and fight the LA / LL later when you're settled.
    • G_M
    • By G_M 15th Mar 17, 2:16 PM
    • 41,084 Posts
    • 47,223 Thanks
    G_M
    1) write a letter to the landlord headed "Letter Before Action", stating that he is in breach of contract, has accepted rent from you, and you have incurred costs. List the costs, and ask for return of all costs (including the abortive credit vetting fees within 5 days or legal action will follow. cc the agent.
    What address is on the tenancy agreement for the landlord? Use that address - even if it is c/o the agency. The agent gets a seperate copy.

    Have a 2nd version which excludes the rent, deposit etc.

    Do not post...... yet.

    2) go to the agent (taking the letter with you) and (try to) have a reasonable discussion.

    a) if they give you the keys, all well and good (but make sure the TA reflects the actual start date)
    b) if the agent says you can move in, but later, get this confirmed in writing, with a new TA showing new start date
    But
    c) if the agent says 'no' to the tenancy, and refunds your rent & deposit, but declines to compensate you, hand over version 2 of the letter (and post the appropriate one to the LL's address)
    d) if the agent refuses to refund anything at all, hand over version 1 (and post to LL)

    If you don't get everything you want within the 5 days, then decide whether to take legal action, accept a compromise (eg some refund/compensation), or walk away for an easy life.
    Last edited by G_M; 15-03-2017 at 2:25 PM.
    • stator
    • By stator 15th Mar 17, 3:24 PM
    • 5,808 Posts
    • 3,812 Thanks
    stator
    Follow advice above, don't give up.
    Changing the world, one sarcastic comment at a time.
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