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

arambol

---

lil_me

If you secure a tenancy with rent hiher than your budget allows and you do not manage to make a claim for it to be met by the LL who has stopped you moving in, you'll be up the creak with a serious lack of paddles.

real1314

However you could use this factor to persuade the original LL to stick to your agreement?
On the other hand, the EA could use your viewing of other properties as an implied acceptance of the LLs action. Might be best to comment that you're not happy about how things have turned out every time you go to a viewing?

arambol

---

Loretta

arambol wrote: »

Ok so I saw the LA yesterday and expressed my concerns.

I then asked for a copy of my references and also a copy of the final and signed Tenancy Agreement which I knew they had on file.

When I was presented with the TA the final page was completely absent. This is the page with the LL signature and the LA witness signature. I pointed this out and they returned with the photocopied page but it was blank with no LL signature.

I ended up speaking to the manager who claimed there had never been a signed page by the LL. I was 100% positive that there had been but he was adamant that this was not the case. There was nothing I could say.

However on returning home I found in my emails the scanned TA that one of the juniors in the office had sent me last week and sure enough there was a fully signed TA with mine and the LL signatures all witnessed by the LA !!! :eek:

I think that you should have a look on Ebay and buy the biggest shovel you can find! The way Foxtons are digging themselves into this hole is unbelievable, the arrogance of these people!

tbs624

arambol wrote: »

Ok so I saw the LA yesterday and expressed my concerns.

I then asked for a copy of my references and also a copy of the final and signed Tenancy Agreement which I knew they had on file.

When I was presented with the TA the final page was completely absent. This is the page with the LL signature and the LA witness signature. I pointed this out and they returned with the photocopied page but it was blank with no LL signature.

Quel surprise;)

arambol wrote: »

I ended up speaking to the manager who claimed there had never been a signed page by the LL. I was 100% positive that there had been but he was adamant that this was not the case. There was nothing I could say.

However on returning home I found in my emails the scanned TA that one of the juniors in the office had sent me last week and sure enough there was a fully signed TA with mine and the LL signatures all witnessed by the LA !!! :eek:

Get back to your solicitor with this one, and you may want to think about letting the Trading Standards Office know . xxxx LAs seem to be digging themselves into a hole and I think I'd be pursuing both the LA and the LL on this one.

arambol wrote: »

I have spoken to my lawyer and he's suggested that while I could infact force the LL to honour the contract and allow occupation there maybe conflicting interests, ...and there are too many possible complications for it to be practical..... I agree.

I think any reasonable person would agree with you on this one.

arambol wrote: »

..he has suggested that I could pursue for damages relating to expenses in finding another property, hotel stay should I not find a flat before I am homeless in a few weeks and most interestingly of all......... he claims I could find a "reasonably" superior property as a result of the limited availability in the area and the LL could be ordered to pay the difference between the new rent and the rent I was to pay him.

Those are the routes that I would take.

arambol wrote: »

This of course is of interest and don't think anyone could blame me for considering this route?? He certainly deserves it for the way he's treated us and as I may now secure a better flat than my budget allows, it seems a worthwhile route to take. :money:

You can only do the above if you/your lawyer can effectively show that no other comparable property is available, and it can't be presented as you trying to unreasonably "take advantage" of the LA/LL(despite what they seem to have done), also be aware that staff at this particular firm, or their friend or relatives, could read this forum so may be best not to give away too much info

arambol wrote: »

I emailed my lawyer the tenancy agreement, all correspondence and their new and revised listing and he seems to think I have a cast iron case ...... but then again he would say that wouldn't he....

I think you maybe need to be a little fairer to your lawyer - a good one will advise a client where they think they haven't a cat in hell's chance of succeeding. I also agree with Sooz on the deposits issue btw. So next Wednesday...

If you want extra clarification you can ring Shelter 0808 800 4444.

Edit - some info removed

sooz

Just read the update....they really are a bunch of lying *****s!

I hope you are looking at new properties through other agents, or through LL's who don't use agents

Roll on next Wednesday, you've given them a HUGE deposit, & 3 times that would, I'm sure, be very welcome.

Finally, a bump for others to edit their quoted posts - the OP obviously wants the pertinent details removed from this thread.

OP- when you & your lawyer have finished with them, do come back & tell us what happened.

lostinrates

tbs624 wrote: »

I think you maybe need to be a little fairer to your lawyer - a good one will advise a client where they think they haven't a cat in hell's chance of succeeding. .

Solicitors are a very cautious bunch IMO. Nothing is 100% certain, if you gve tham an apple, ask them if it an apple, they taste it, they'll say that there is a 99% chance its an apple:rotfl: Words like cast iron are unlikely to be used by a good solicitor without very, very strong belief IME