Tenant Will Not Move Out of the Property We are Due to Move to Next Week!

Maxmoll

We are moving from Holland to the UK in ten days time.

We secured a property to rent in May to move into when the current tenant moves out on the this coming weekend. All of this was done remotely having met the agent once a month previously to look at another property.

We have signed the Tenancy Fee Declaration Form, Paid for references and fees and were due to pay six months rent upfront on Monday 16th July then sign the Tenancy Agreement on the 21st collect the Keys and move in.

Estate Agent called us yesterday evening to say Tenant is now refusing to move out till she is evicted as the local council have advised her to stay put. This could take up to six months apparantly.

It transpires the Tenant was served with a Section 21 in May due to rent arrears and was obviously not willing or able to move. Had we known this at the time we would not have touched this property with a very long bargepole.

I am assuming there is little or nothing we can do apart from start looking manically for another property? Our property in Holland is sold and completion is due on 25th July if this does not happen we will have to pay a 35K penalty (so not an option!).

We have the added problem that as we have both been out of the UK for over 20 years we do not show up in the referance or credit checks, hence the 6 month upfront payment. We did provide a lot of info to our previous Agent so can we ask them to pass this onto a new one?

Agent has offered us another property but it is not suitable at all, they have said they will put in a break clause so we can move out sooner than six months but only to a property they are marketing. My concern is with the six month upfront payment where will we stand with this?

Feeling very much stuffed and done over!

Any input would be greatly appreciated

Thanks

Molly

paddedjohn

Find another agent, there's plenty of propertys out there and bound to be more than one to suit you.

Maxmoll

Padded John

Thanks much the conclusion I am coming to!

Stressed is very much an understatment at the moment.

Kynthia

Find another agent as 6 months rent up front is too much money to risk. Then you could try and sue the LL for any additional costs you incurred but this depends on whether you have a contract for the property yet. Is it possible for you to move into a budget hotel for a couple of weeks and put you things in storage while you find a house.

Maxmoll

Thanks Kynthia,

Hotel is not an option as we are moving with our (very well behaved) dog.

Only option would be to put her into kennells but I am not keen and want to find another soloution.

Just wish I had not been so organised as to send out the 150 change of address letters to 3 differant countries and re-direct the post...pffft!

And no contract yet was going to be signing it and collecting the keys to move in on the 21st!

Kynthia

Maybe a holiday let as you can rent them short term and some allow dogs. Maybe you could find one with a free 2-4 weeks? Or a caravan in a holiday park like Haven or Park Resorts. They are decent and gave caravans that allow dogs. Contractors often rent them cheap for a whole season to work at a nearby site.

Maxmoll

Thanks Kynthia,

Good thought I am far to stressed for lateral thinking!

PasturesNew

6 months' rent up front is pretty common/usual if you've no history - changing agents is unlikely to change this.

As it's peak season, renting a caravan at an affordable rate is almost impossible, with many wanting £500-600 or more per week.

Try airbnb.co.uk - these are private individuals who will rent rooms in their house (like a B&B) at rates usually lower than hotels will be charging.

For hotels try smoothhound.co.uk

It is a big problem that you can't guarantee getting somewhere you've found/paid for as most will only let you sign the agreement on the day you are due to move in.

You don't say which area you're moving to - if you do then people in that area might have specifice/relevant advice as every area is different. Cities/countryside, inland/seaside.

Kynthia

It's not the best time to find a caravan or holiday cottage as the summer school holidays begin at the end if the month but it will be better than being so desperate to find a home quickly that you end up conned out of your lump sum or in an awful property for six months to a year.

bitsandpieces

Not much compensation but I would - at least - push the agent for a refund of all fees, assuming they can't offer a suitable property. This might motivate them to look again to see if anything more suitable is available, though it's quite possible they don't have anything right on their books.

antrobus

The_Pilgrim wrote: »

You could push hard on the Agent to say they have an obligation to find you accommodation at their cost as they have not met their duty of care and/or were deceiving you in forming a contract on a property they knew was a risk.

Mention small claims court to recover all your costs and complaining to their trade association and local trading stsndards.

But:-

Maxmoll wrote: »

....
We have signed the Tenancy Fee Declaration Form, Paid for references and fees and were due to pay six months rent upfront on Monday 16th July then sign the Tenancy Agreement on the 21st collect the Keys and move in......

No tenancy agreement has been signed, there is no contract, and hence no cause for action exists.

I also doubt very much that you could convince a court that a letting agent had any 'duty of care' to provide anyone with accomodation