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Landlord changed mind

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Comments

  • Ninjawombat
    Ninjawombat Posts: 66 Forumite
    The same person that will give 1075 a month to a flaky landlord ;)

    But no, I do hope it works out for you. Good luck :)
  • taxsaver
    taxsaver Posts: 620 Forumite
    I rather suspect you'll lose the property then. A better compromise (if you really want the property) is to offer £1,050pm starting on 9th July, otherwise be prepared to walk away... only you know how good this property is in comparison to others in the area.
    If you feel my comments are helpful then I'd love it if you 'Thanked' me! :)
  • Jameson20
    Jameson20 Posts: 9 Forumite
    taxsaver wrote: »
    I rather suspect you'll lose the property then. A better compromise (if you really want the property) is to offer £1,050pm starting on 9th July, otherwise be prepared to walk away... only you know how good this property is in comparison to others in the area.

    Thanks for all the comments and thoughts. They agreed on 1025, commencing 9th July......so all the hassle for nothing really as they are now only getting us to move in a bit earlier. All in all we are happy!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    taxsaver wrote: »
    Actually that is a good example as the legal position in shops is EXACTLY that.... they can label or advertise one price and charge another at the till. When a shop displays its wares it's called an 'offer to treat' and the customer then makes an 'offer to buy' which the shop then has the option of whether or not to accept. Obviously it doesn't do a shop's reputation any good to go down that road, but they are perfectly entitled to legally.
    My bolding.
    "*invitation* to treat" rather than "offer to treat"
  • may_fair
    may_fair Posts: 713 Forumite
    He paid a holding deposit. This isn't any kind of contract. It's basically a promise from the letting agent to take the property off the market until the actual tenancy agreement is signed. It's not a promise (or an oral contract) from the landlord to let him the property.

    The landlord is well within his rights to make any changes to the rent or, in fact, who he wants to rent the property to up until the point that the tenant signs the agreement.

    If the tenancy agreement has not been signed (which in this case, it hasn't) there is no case whatsoever.

    There's no point getting legal advice, as there is nothing to sue for.

    The long and short of it is - until you sign the tenancy agreement, the landlord can do what he likes.
    I'm not saying that paying a holding deposit creates a contract. I'm saying that it's possible that a contract was entered into, perhaps orally and/or by an exchange of emails; we do not know the full facts of the communications between OP/LL. A tenancy contract does not have to be written, and a written, signed tenancy contract is simply a formal expression of the contract; the absence of one doesn't mean that no contract exists.

    As I said in my post, OP would need evidence to support any claim for breach of contract, and without it he'd struggle to prove his case.
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