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

jjlandlord

antrobus wrote: »

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

Whether a contract actually exists would very much depend on the exact nature of the communication between the parties so far.
A contract could have been created even of the tenancy agreement has not been signed yet.

moromir

I would say we are a dog loving nation, try googling dog friendly hotel, I'm getting quite a lot of hits. Hope you can find something.

GDB2222

Can I check? You have paid 6 months in advance already? By what means, eg bank transfer? Whom to? Do you have a signed contract?

amcluesent

A contract could have been created even of the tenancy agreement has not been signed yet.

Duty of care obligations don't require a contract to be formed (money changing hands), only that one party has agreed to carry out a task for another. Then three tests apply in English law -

• Harm must be a "reasonably foreseeable" result of the defendant's conduct;
• A relationship of "proximity" between the defendant and the claimant;
• It must be "fair, just and reasonable" to impose liability.

A robust letter to the Agency may prompt them into action, without acknowledging liability.

jjlandlord

amcluesent wrote: »

Duty of care obligations don't require a contract to be formed (money changing hands), only that one party has agreed to carry out a task for another.

Thanks for that.
Here I think that if landlord/agent has agreed to let the property to OP, a contract has been formed.

jgh

Maxmoll wrote: »

Estate Agent called us yesterday evening to say Tenant is now refusing to move out until she is evicted as the local council have advised her to stay put.

The agent was morally "guilty" of fraud, they should never have marketed a property to new occupiers that was not empty.

Maxmoll

OK Update.

Agent has found us a property which is very nice, not in the area we wanted but we can adjust.

No money has exchanged hands we pay for the six months upfront next week and sign agreement on Saturday, collect keys and move in. By the way no money apart from Fees for referanceing had been taken for the previous property either.

Agent has been very very apologetic and is bending over backwards to help. She has also said that once the tenant in the origional property is out we will get first refusal on taking it.

Thanks for all the advice.....I really needed to vent this morning and see if this was a normal occurance in the UK.

Lesson learnt....if we are looking for a rental property in the future ask questions about the current tenant, ask if they are leaving of their own will and do not touch anything that is in dispute.

Right on with the change of change of address letters;)

BitterAndTwisted

Have you seen this property yet? I would advise you to view it before you sign anything or hand over any money.

Is the second property owned by the same landlord?

GDB2222

jgh wrote: »

The agent was morally "guilty" of fraud, they should never have marketed a property to new occupiers that was not empty.

This is sheer nonsense. It's absolutely normal to advertise properties during the last few weeks of a tenancy.

rpc

Maxmoll wrote: »

Agent has been very very apologetic and is bending over backwards to help. She has also said that once the tenant in the origional property is out we will get first refusal on taking it.

Make sure your contact has a suitable unilateral break clause in it to permit you to exercise this option. No point in having first refusal if you cannot break your first tenancy in a timely manner.