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

DVardysShadow

tizhimi wrote: »

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

They are legally irrelevant. If this goes to court, the Agent and the LL are indivisible and the Agent is the front for the LL. Whatever the Agent does, it is the LL who is sued and carries the can for any shortcomings on the part of the LA. The LL/Agent agreement may be interesting or nice to have, but it is a whole big pile of irrelevance which could only cloud a claim

silvercar

DVardysShadow wrote: »

They are legally irrelevant. If this goes to court, the Agent and the LL are indivisible and the Agent is the front for the LL. Whatever the Agent does, it is the LL who is sued and carries the can for any shortcomings on the part of the LA. The LL/Agent agreement may be interesting or nice to have, but it is a whole big pile of irrelevance which could only could a claim

But if the landlord (or their agent) haven't signed the tenancy agreement, there is no tenancy, so nothing to sue for.

Sounds like the agent is nervous of signing on behalf of the landlord. Does he have authority to do so, or was he finding a tenant in the hope he would get the landlord's busines?

kg1984

Thanks for your responses so far everyone.

I have one further question regarding the legal status of all this. We signed a tenancy agreement, but the landlord has not, or, if he has, he signed it a few days after which it was supposed to start.

However since we *did* sign it, and we have given the LA our deposit, 1 month's rent, plus fees for holding, administration, and referencing, what legal recourse do we have? To me it seems the LA/LL could make it very difficult for us by stating that the tenancy agreement was signed and thus began in earnest last Saturday. Could we walk away and ask for a refund of everything? Would we be entitled to compensation of any sort?

I think I will be going down to the CAB about this anyway, but if anyone could give me a heads up, that would be great.

kg1984

Quizzical_Squirrel wrote: »

Maybe the agency couldn't reach the landlord so latter hasn't granted permission for signing on his behalf?

I'm absolutely not an expert (I'm here to learn) but I remember that when I couldn't sign my tenancy agreement, the agency wouldn't proceed without my giving them permission to sign on my behalf.

Yes that probably is the case, but my problem is that the agreement I signed was for the tenancy to start on Saturday, yet I am still without the keys to the place. Since everything is paid up and signed on my end, my concern is what legal recourse I now have to walk away from the deal, because if the landlord remains uncontactable this week, I need to start looking for somewhere else.

Debt_Free_Chick

kg1984 wrote: »

Thanks for your responses so far everyone.

I have one further question regarding the legal status of all this. We signed a tenancy agreement, but the landlord has not, or, if he has, he signed it a few days after which it was supposed to start.

However since we *did* sign it, and we have given the LA our deposit, 1 month's rent, plus fees for holding, administration, and referencing, what legal recourse do we have? To me it seems the LA/LL could make it very difficult for us by stating that the tenancy agreement was signed and thus began in earnest last Saturday. Could we walk away and ask for a refund of everything? Would we be entitled to compensation of any sort?

I think I will be going down to the CAB about this anyway, but if anyone could give me a heads up, that would be great.

Normally, it would be a case of just amending the start date of the agreement in manuscript and having that amendment initialled - just like amending details on a cheque.

Would you be happy with this outcome?

Debt_Free_Chick

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.

Just wonder whether the LL gave the LA this authority .... is it possible that this is the case?