Landlord-to-be being sued, can't move in

odearn

Hi guys,

Basically, agreed (via a letting agent) to rent a place on a 12 month contract. It's a large house, which has recently been converted into two still fairly large flats. Signed contracts last night and was due to move in to one of the flats this evening. Just had a call from the estate agent saying that the landlord is being threatened with criminal proscecution for converting a house into two flats - assume he didn't have planning or something. Therefore told we cannot move in and have been offered a full refund. Obviously, this is a massive, massive pain the !!!!. Where do I stand? The other flat already has tenants (and has had for a while, I believe). I assume there's not a possibility of 'un-converting' the place...is it worth holding fort for a couple of weeks and evaluating the situation then? Will the landlord get a fine but then be allowed to let the place out thereafter? Many thanks - no idea how to go about this and massively disheartening.

odearn

Apologies - not "sued" - being threatened with criminal prosecution!

olly300

Back to square one - start looking for a new property.

Thank god you aren't in the property.

The property probably hasn't been converted to building reg standards which means it's not safe to live in.

GAH

You should find a new property, sounds like you have had a result, do you really want to be renting from a landlord like that?

FTBFun

Sounds like you had a lucky escape there to be honest. My worry would be if he hasn't gone about converting the properties legally what else will be left out?

G_M

You have several possibilities.

Insist on being given access - you have a binding contract. The LL's problems with the council or whoever are his problems and do not affect the legality of your tenancy contract. After all, even if prosecuted, he might be found innocent.

Sue him for breach of contract and claim ALL your costs. Hotel as you are now homeless? Claim.

Negotiate. Point out the above and come to an agreement. He may have another suitable property? He could offer to pay a modest sum to compensate you and avoid further court action. The letting agent might be able to fast track you into another LL's property?

paddyrg

There very much is a possibility of unconverting the place if the planning office say it must be done. Look for somewhere new, maybe using a bit of extra pressure on the letting agent that they 'owe you' morally in some whay, see if they can find you something suitable, quickly?

tyllwyd

If the landlord is being threatened with criminal prosecution, I'd have guessed that the building is listed and that he didn't have the right consents. I've never had to deal with the listed building people, but they have a reputation for being very tough - I wouldn't bother trying to insist that you are allowed to move in, I'd concentrate on finding a new place and getting your refund asap.

chappers

paddyrg wrote: »

maybe using a bit of extra pressure on the letting agent that they 'owe you' morally in some whay,

They actually owe you legaly as you have a contract.

But personally I would get your money back , just chalk this one up and find somewhere else to live.

odearn

Thanks for the advice guys, very helpful. Just found out the existing tenents in the other flat are being made to move out too - sounds like (as has been pointed out) we might have had a lucky escape.

ruggedtoast

Do you mean you signed the contracts and got a copy back signed by the landlord and witnessed; or that you just signed your bits and gave them to the agent?

If his bit isnt signed it isnt a contract and you havent got any recourse unfortunately.