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  • FIRST POST
    • bexta1407
    • By bexta1407 6th Oct 17, 12:35 PM
    • 41Posts
    • 129Thanks
    bexta1407
    Landlord Pulling Out. Where do we stand?
    • #1
    • 6th Oct 17, 12:35 PM
    Landlord Pulling Out. Where do we stand? 6th Oct 17 at 12:35 PM
    After some urgent advise. We are due to move house on the 22Nd of this month. The landlord called yesterday to say her husband has decided he wants a divorce and is refusing to leave the house.

    She is currently trying to talk him round but its not looking good.

    We have already paid our deposit and signed the contracts.

    Do we have any rights considering we have signed the contracts or not?

    Thanks in advance.
Page 2
    • bexta1407
    • By bexta1407 6th Oct 17, 1:55 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    What costs though? You really don't have any at the minute.
    Originally posted by Comms69
    Not at the minute but we will if we manage to find a suitable property. Not sure if its 100% correct but i have read on another site we can also claim for any difference in rent, if we need to pay more.
    • Comms69
    • By Comms69 6th Oct 17, 2:01 PM
    • 486 Posts
    • 360 Thanks
    Comms69
    Not at the minute but we will if we manage to find a suitable property. Not sure if its 100% correct but i have read on another site we can also claim for any difference in rent, if we need to pay more.
    Originally posted by bexta1407
    No, you cant claim the difference in rent.


    Look, without being funny, it's really simple.


    You can only claim any direct loss as a result of them withdrawing.


    So you cant claim moving fees, as you would have those anyway.
    You cant claim time off work for the same reason.


    You could claim the cost of any agency fees you have to pay, that is reasonable.
    You could claim any out of pocket expenses (cancellation charges for example)


    You MUST mitigate the loss, so if you need to stay in a hotel, it must be a reasonable cost, not a 5*.
    • bexta1407
    • By bexta1407 6th Oct 17, 2:07 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    No, you cant claim the difference in rent.


    Look, without being funny, it's really simple.


    You can only claim any direct loss as a result of them withdrawing.


    So you cant claim moving fees, as you would have those anyway.
    You cant claim time off work for the same reason.


    You could claim the cost of any agency fees you have to pay, that is reasonable.
    You could claim any out of pocket expenses (cancellation charges for example)


    You MUST mitigate the loss, so if you need to stay in a hotel, it must be a reasonable cost, not a 5*.
    Originally posted by Comms69

    Now i'm confused as that is different advice to what i have read elsewhere.
    • saajan_12
    • By saajan_12 6th Oct 17, 2:08 PM
    • 848 Posts
    • 557 Thanks
    saajan_12
    I suggest sending a polite but firm letter and email to the landlord explaining that a legally binding contract has been entered into. And that if you are not provided with access to the property, you will need to find emergency accommodation for your family and will have no choice but to bring a legal a claim against her to breach of contract to recover your costs, including accommodation and storage costs.

    At least that makes your position clear.

    And it gives the landlord something which she can show the husband in an effort to convince him to leave the property (and gives her ammunition to show that he has been unreasonable if there is a divorce dispute).
    Originally posted by steampowered
    It MIGHT work to send the prospective LL such a letter to encourage them to abide by the agreement, but the OP wouldn't actually be entitled to claim for emergency accommodation.

    OP has a duty to mitigate their losses, so they should search alternative places (keep proof of your enquiries / viewings booked). They could claim for reasonable losses as a result of having to search again e.g. extra letting agent fees (less any fees refunded prospective LL who breached / their LA), time off work to go on viewings again. However it would be unreasonable to act as if OP was only told on the agreed moving date and expect the LL to pay for last minute accommodation e.g. hotels.

    In this case, sounds like OP and LL are working together reasonably, and double the deposit is likely more than they could claim in costs so no need to add contention.
    • Comms69
    • By Comms69 6th Oct 17, 2:19 PM
    • 486 Posts
    • 360 Thanks
    Comms69
    Now i'm confused as that is different advice to what i have read elsewhere.
    Originally posted by bexta1407


    Can you link as to what advice and where?
    • katebl
    • By katebl 6th Oct 17, 5:42 PM
    • 599 Posts
    • 283 Thanks
    katebl
    We are still hoping some thing can be sorted. This house was perfect for us too
    I am going to contact the landlady tonight as all communication so far has been through my partner. I will advise her that i will be sending a letter regarding our costs etc.
    Complete nightmare as we had arranged decorators and carpet fitters for next week too, as she was going to allow us to have the keys early. Have also had to cancel the order for new furniture etc.
    Originally posted by bexta1407
    How can you afford decorators, carpet fitters and furniture, but not agency fees?!
    • bexta1407
    • By bexta1407 6th Oct 17, 6:35 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    How can you afford decorators, carpet fitters and furniture, but not agency fees?!
    Originally posted by katebl
    Because the decorator is a bloke I know who is doing it for less than half the price he would usually charge and has agreed to let me pay in installments. Likewise the carpet was going to be fitted with a firm that charges weekly payments.
    • bexta1407
    • By bexta1407 6th Oct 17, 6:36 PM
    • 41 Posts
    • 129 Thanks
    bexta1407
    Can you link as to what advice and where?
    Originally posted by Comms69
    I think it was in the landlord zone forum although I’m not 100% sure. I will try and find it but it was last night I seen it.
    • cjdavies
    • By cjdavies 6th Oct 17, 6:45 PM
    • 2,711 Posts
    • 2,685 Thanks
    cjdavies
    Because the decorator is a bloke I know who is doing it for less than half the price he would usually charge and has agreed to let me pay in installments. Likewise the carpet was going to be fitted with a firm that charges weekly payments.
    Originally posted by bexta1407
    I just came across this, I would never pay out for those on a property I'm renting.


    I think it was in the landlord zone forum although I’m not 100% sure. I will try and find it but it was last night I seen it.
    Originally posted by bexta1407
    Could browse through your internet history, it's what I do when I can't remember a site I visited before.
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