Urgent help required....... Landlord changed mind !!

becky_rtw

I just did a search on their website for the area you mentioned and couldn't see anything there...you need to double check its still there and copy the page (I could easily be missing it) to another document...just in case they try to remove it...

RabbitMad

His case isn't aginst LA unless they are the LL, his case is against the LL

Elstree20

Hi there

I had something very similar happen to me about 4 years ago and can sympathise with your problem!

What type of tenancy have you signed? If it is an Agreed Shorthold Tenancy it should be for a stated period i.e 6 or 12 months. The landlord cannot unilaterally pull out of the deal once it has been signed by both parties. He can however give you notice that he does not want to renew the lease and it will state in the document what that notice period is. You have a very strong case for Breach of Contract with both parties especially as the LA is re advertising your property!

The easiest and cheapest way is to go to the Small Claims Court and demand compensation. You are at least due interest on the money you have paid already. Also I would demand a return of whatever money you have paid including the LA fees . I would write to the LA and give them 7 days to return the deposit and fees along with suitable compensation ( a months rent would probably be acceptable) Failing which you will issue a writ from the Small Claims Court.

I would not however advise moving into the property as the Landlord may not be the most friendly person and would probably look for any excuse to make your life a misery. You will find the Agency and the LL would soon see sense when they realise you are serious!

arambol

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Notlob

N79 wrote: »

However, I can say that a signed agreement does NOT amount to a contract, at least in England and Wales. Under English law, a contract requires consideration (simply put, money has to change hands although it does not have to be money - any benefit would do) in order to be valid. A piece of paper on its own is never enough. You could argue that the paying of a deposit amounts to consideration. In my opinion it does not but a sympathetic county court judge may well have a different opinion.

Hmmm! I am not too sure about this. Although a tenancy agreement is a contract, it also falls under housing legislation so I would not assume the above.

One thing that has not been established is what is the date of the tenancy agreement? This is not the date when the tenancy is due to start. There should be 2 dates, although they can be the same, one for the start date and one for the agreement date.

Notlob

arambol

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Notlob

arambol wrote: »

The tenancy agreement says " this agreement was made on the 19th September 2008".

The move in date is (well was supposed to be) the 30th October 2008.

OK legal minds needed here, as in my view, whether rent is paid or not, both parties have committed to the tenancy as both have signed the agreement dated 19th September.

I will point out that I have yet to experience such a situation so cannot be 100% sure. I would suggest you further investigate.

Also, as you stated you have already paid the deposit and if I am correct about the TA then you might have a case for non protection of the deposit if they do not protect it within 14 days. Do you have evidence that they accepted this money as a deposit?

Notlob

sooz

Notlob wrote: »

Also, as you stated you have already paid the deposit and if I am correct about the TA then you might have a case for non protection of the deposit if they do not protect it within 14 days. Do you have evidence that they accepted this money as a deposit?

Notlob

I already asked . The OP should keep quiet about his deposit for the next 8 days

Debt_Free_Chick

I don't see any point in pursuing the LL to enforce the tenancy agreement. You can't physically force occupation of the property, even though you have an agreement. And even if you went to Court, I doubt they'd insist that the LL allows you to occupy the property. If they did, then how do you think the relationship would be with the LL ....?

Contracts can be broken - some even have termination/break clauses! But if one party wants to back out, then the question of any loss to the other party becomes the issue.

I wouldn't mess around trying to catch the LL/LA out over the deposit either - just get it back, as soon as.

So - get the deposit back
Find another property
Consider a claim for any loss you incur - direct with the LL first, don't just dump the thing in the lap of the Court.

PasturesNew

He can't occupy the property. The LL currently lives there "The landlord has now changed his mind and decided to pull out of the deal as he has apparently fallen out with his girlfriend who he was going to move in with."

And, he hasn't got the keys.