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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 2
    • Out, Vile Jelly
    • By Out, Vile Jelly 15th Mar 17, 3:44 PM
    • 3,559 Posts
    • 11,792 Thanks
    Out, Vile Jelly
    This is extremely unreasonable behaviour on the part of the LL and the impact of making such a last minute decision should be made clear to them.

    1 a good agent (hah!) would be pulling out all the stops to push this tenancy through, or be lining up other similar properties with quick move-in dates, and waiving the admin/referencing fees. Have you asked them about other places?

    2 start keeping a record of all costs incurred, and all your dates and dealings with the agent thus far.
    They are an EYESORES!!!!
    • G_M
    • By G_M 15th Mar 17, 5:17 PM
    • 41,076 Posts
    • 47,200 Thanks
    G_M
    This is extremely unreasonable behaviour on the part of the LL and the impact of making such a last minute decision should be made clear to them.
    Originally posted by Out, Vile Jelly
    Unless of course there's another side to the story (there often is).

    Has you cheque bounced? Is there something in your application which the LL has now discovered was false? Is there a reason for the LL's change of heart that stems from you?
    • always_sunny
    • By always_sunny 15th Mar 17, 5:42 PM
    • 3,453 Posts
    • 3,679 Thanks
    always_sunny
    This is extremely unreasonable behaviour on the part of the LL and the impact of making such a last minute decision should be made clear to them.

    1 a good agent (hah!) would be pulling out all the stops to push this tenancy through, or be lining up other similar properties with quick move-in dates, and waiving the admin/referencing fees. Have you asked them about other places?

    2 start keeping a record of all costs incurred, and all your dates and dealings with the agent thus far.
    Originally posted by Out, Vile Jelly
    If the OP only has an unsigned copy of the AST, 1 and 2 won't do much.
    The LL has not signed the contract binding him to provide the accommodation.
    Expat with an EU passport
    • Miss Samantha
    • By Miss Samantha 15th Mar 17, 6:00 PM
    • 1,177 Posts
    • 1,122 Thanks
    Miss Samantha
    The LL has not signed the contract binding him to provide the accommodation.
    Originally posted by always_sunny
    That's not necessarily key.
    • dgtazzman
    • By dgtazzman 15th Mar 17, 6:09 PM
    • 1,116 Posts
    • 669 Thanks
    dgtazzman
    He has not signed the contract as yet, but deposit and 6 months rent upfront has been paid to the LL or his agent, which would imply a contract exists.

    I see the LL loosing this one in court without too much effort.
    • Cakeguts
    • By Cakeguts 15th Mar 17, 6:39 PM
    • 2,726 Posts
    • 3,728 Thanks
    Cakeguts
    Something that the OP has written doesn't make a lot of sense to me. Why would anyone sign a 12 month agreement and then pay 6 months up front? The 6 months up front makes me think that they wouldn't pass the credit checks for 6 months rent so you pay that all in one go? But what happens when the rent is due for the next 6 months? Where is the money for that going to come from and would the OP pass the credit checks for the 2nd 6months of the agreement?

    What did it say in the contract about how the OP was to pay the rent after the initial 6 months were up? Was it another lump sum or was it a month at a time?
    • FBaby
    • By FBaby 15th Mar 17, 8:38 PM
    • 15,811 Posts
    • 39,522 Thanks
    FBaby
    Has you cheque bounced? Is there something in your application which the LL has now discovered was false? Is there a reason for the LL's change of heart that stems from you?
    I expect the most likely scenario is that the Letting Agents has failed to inform the LL of some information pertaining to OP that was a no go at all with the LL and therefore the LL is as much complaining about the LA letting them down then OP.
    • jumari
    • By jumari 16th Mar 17, 1:08 PM
    • 6 Posts
    • 6 Thanks
    jumari
    UPDATE: LL has re-advertised property with a different agent.
    Agent will refund rent in advance & deposit but say the LL is refusing to pay the fees or expenses, so will not be returning fees.
    Time to start with the letter before action etc
    • FBaby
    • By FBaby 16th Mar 17, 1:28 PM
    • 15,811 Posts
    • 39,522 Thanks
    FBaby
    This very much confirms my suspicions. LL was happy to refund anything but what didn't go to them, ie. the fee which the agent has kept for themselves. You said you paid 6 months in advance, I am guessing the reason for this is the reason why LL didn't agree to the ast.

    It will be interesting to know what contract the LL signed with the Agent and what obligations they have because it sounds like it is the Agent who messed up badly.
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