Move in date delayed due to Landlord going AWOL - our rights?

kg1984

Hi gang,

Was supposed to be moving in to a new flat (rental) today but have hit some problems. Basically I gave a signed copy of the AST to the letting agent yesterday (the initial rent and deposit had already been transferred and cleared) and the tenancy was due to begin today. The landlord is based in Australia and despite several attempts, the LA have not been able to contact him to get his signature on the AST and as such, we have not been given permission to move in today.

My question is now what rights do we have with regards to the starting date of the tenancy. Myself and my partner can now not move until next Saturday because we can not get time off of work this week, plus our hired help (some of our relatives) are not available until next weekend now. Would the letting agent permit a tearing up of the AST we initially signed so that a new one can begin on, say, next Saturday? Or, because the landlord did not sign on the AST, is it now invalidated because the day it was supposed to start has now passed?

What I don't want to do is get in a situation where we are paying rent on a property we are not allowed to move in to, because we signed an agreement (in good faith) for it to begin today. Thankfully we can still stay where we are (at my parents' place), but what a palavar this would have been if were also moving out of somehwhere today :eek:

Any help greatly appreciated.

clutton_2

i dont understand this agent at all - an agent is quite within his legal rights to sign "for and on behalf of the owner" on the tenancy agreement.

in law the LL is fully responsble for any agents mistakes, so i really dont see the problem

if you have not got the keys and have not moved in, you do not have to pay for the period during which you had no access, and you need to write a recorded delivery letter to the LA explaining that you will need either a new agreement or a weeks refund of rent

kg1984

clutton wrote: »

i dont understand this agent at all - an agent is quite within his legal rights to sign "for and on behalf of the owner" on the tenancy agreement.

in law the LL is fully responsble for any agents mistakes, so i really dont see the problem

if you have not got the keys and have not moved in, you do not have to pay for the period during which you had no access, and you need to write a recorded delivery letter to the LA explaining that you will need either a new agreement or a weeks refund of rent

I wonder what they're playing at then - because surely delaying is just costing them money in lost rent.

Just for clarification - the AST had space for mine, my partner and the landlord's signatures. Could the LA legally sign in place of the landlord?

Not sure what to think now - getting a bit paranoid the LL might be trying to pull out or something.

Thanks.

tizhimi

I'd be fuming, nice one that your being so calm! I'd be moving to a different agency and asking for a refund.

kg1984

tizhimi wrote: »

I'd be fuming, nice one that your being so calm! I'd be moving to a different agency and asking for a refund.

thing is, they've got our money now, we've spent nearly two weeks sorting out our references, I don't think I could stomach doing it all again. what does bother me though is the idea that is coul all be pointless, and that they could have signed on behalf of the landlord anyway!

tizhimi

You want a copy of their contract between to agency and the LL and find out what each party can do. Doubt they'd give it to you but REFUSE to pay for this weeks rent.

clutton_2

""You want a copy of their contract between to agency and the LL and find out what each party can do.""

this is not a contract which is normally seen by tenants for data protection reasons

just ASK the LA why they cannot sign on behalf of the LL -

i have seen many many ASTs signed by agents - the fact that the agent and LL have a signed contract surely allows the agent to act on behalf of, and also to sign for, the LL

tizhimi

OK then but what about a standard unsigned version of a LA /LL contract? I did say they would most likely refuse.

clutton_2

the details of the contract between LL and LA is no business of the tenant

tizhimi

I think they are a matter of concern when you can't move into your house you've paid for

clutton_2

the prospective tenants gripe, and is a very fair gripe, is with the agent ......

i utterly agree that this tenant should say that rent is not due for the next week since they cannot now move in until next weekend.

I would be asking for a weeks rent back in cash if it were me.