Estate agent has conflicting moving in date - what are my rights?

user_dilbert

I have found accommodation to rent and so far I have paid the estate agent fees and the accommodation reservation fee.

Before I paid the fee and received a printed receipt, I made it very clear to the estate agent that I required the property by a certain date (not a day later), and I made the estate agent write this date onto my receipt which was signed by myself and the estate agent.

Some time later and it becomes apparent that the current tenant may have the right to reside in that property by up to the best part of a month after my move in date and there may be nothing anyone can do about it. This potentially causes me a massive problem as I'm new to the area and I simply do not have the finances to stay in alternative accommodation. Basically, had I been aware of this, I would not have paid any money and signed the paper.

If the issue is not solved by the EA, tenant and landlord, I would like to know my rights. Firstly I want to know if the receipt signed both by myself and the estate agent is a legally binding contract. Secondly is the EA obliged to find any alternative accommodation that is of similar in quality and price for the deficit in duration?

TIA

Fire_Fox

Welcome! It's worth running an advanced search this issue has come up many times including in the last couple of days.Do you have an assured hold tenancy agreement signed by yourself and the landlord or his agent, if so what is the date on it? The current tenant has a legally binding contract that trumps any made with you, you cannot move in if they are still in situ but you may be able to force the landlord to find you suitable alternative accommodation to fulfil the AST you have both signed. If all you have is a date on a receipt all you can ask for is a full refund of everything you have paid.

user_dilbert

Fire_Fox wrote: »

Welcome! It's worth running an advanced search this issue has come up many times including in the last couple of days.Do you have an assured hold tenancy agreement signed by yourself and the landlord or his agent, if so what is the date on it? The current tenant has a legally binding contract that trumps any made with you, you cannot move in if they are still in situ but you may be able to force the landlord to find you suitable alternative accommodation to fulfil the AST you have both signed. If all you have is a date on a receipt all you can ask for is a full refund of everything you have paid.

Hi, thanks.

Essentially all I have is a printed copy of A4 paper with the money I have paid, outstanding balance and the move in date. It also claims that the money is non-refundable, and in any case it will cost me a fortune to go back down to the area and search again; with finances being so tight it is really not an option.

Could you kindly link me to the similar and recent threads?

phill99

The agent is exactly that: an agent. He has no right to guarantee you a moving in date.

Fire_Fox

user_dilbert wrote: »

Hi, thanks.

Essentially all I have is a printed copy of A4 paper with the money I have paid, outstanding balance and the move in date. It also claims that the money is non-refundable, and in any case it will cost me a fortune to go back down to the area and search again; with finances being so tight it is really not an option.

Could you kindly link me to the similar and recent threads?

The money you paid to reserve the property is non refundable if you pull out or fail the credit checks, it is refundable if the contract beginning on the specified date fails to materialise. The letting agent may try to help you find alternative accommodation rather than losing you as a client, they may not.

Ether you are going to have to rent something over the telephone or go down there and view properties, you don't have any other option. There are articles on the main MSE site on how to get cheap rail and coach travel. To find temporary accommodation try site like spareroom.co.uk

http://forums.moneysavingexpert.com/search.php?f=16

InMyDreams

Try this thread for starters:
https://forums.moneysavingexpert.com/discussion/4158937

olly300

These sites can help you find temporary accommodation of varying costs and quality.
AirBnB
CouchSurfing