Suing the letting agent for contract breach.

user_dilbert

My letting agent in the next few days will be in breach of contract. Basically they have not held their terms of the contract to allow me to move into a property on the day I should have moved in.

Consequently I will be 'homeless' due to their mess up, and it is going to cost me a lot more to stay in a hotel until I can move into the place.

I have made an appointment with a civil law solicitor dealing in contract law, as I wish to take legal action to claim back funds for the expense of residing in a hotel, and damages due to the problem they have created and not solved. The LE seems to think it is acceptable to mess up a contract which ends up costing me (not them!) money, without them facing consequences. :rotfl:

So, has anyone taken similar action against a letting agent, and what was the outcome?

Am I dealing with it in the correct way? Anything to be aware or cautious of?

If it does turn into a legal dispute I will keep the thread updated. I'm pretty certain I have a strong case as I've kept my terms of the contract, they certainly have not.

Fire_Fox

Are you a tenant or a landlord? If you are a tenant you are unlikely to have any contract with the letting agent. What contract do you believe you have? There have been threads on this recently, have you run an advanced search?

user_dilbert

Fire_Fox wrote: »

Are you a tenant or a landlord? If you are a tenant you are unlikely to have any contract with the letting agent. What contract do you believe you have? There have been threads on this recently, have you run an advanced search?

I'm a tenant. I've certainly got a contract. All tenants have a contract???

nrsql

Why could you not move in?
Have you paid the amount specified - usually first months rent plus deposit?
The letting agent is acting on behalf of the landlord so your contract is likely to be with the landlord.

user_dilbert

nrsql wrote: »

Why could you not move in?
Have you paid the amount specified - usually first months rent plus deposit?
The letting agent is acting on behalf of the landlord so your contract is likely to be with the landlord.

Yes I have paid the amount specified. This is three months rent upfront, a deposit of a months rent and agency fees.

I can't move in because the current tenant of the property is still in there and has the right to be so for the next foreseeable weeks despite the LE knowing this was the case.

Am I suing the Landlord then? Where do I stand?

Fire_Fox

So you have signed an assured shorthold tenancy agreement AND the landlord has signed or his agent on his behalf? What it the date this is due to commence? Your contract is with the landlord not the agent, although IIRC it does not take effect until you move in so I don't think they have to provide you with accommodation. Write to the letting agent for the name and address of the landlord, write to the landlord requesting a full refund. You can't take legal action yet, don't jump the gun.

G_M

1) Your tenancy is with the landlord, not the agent
2) the LL's name, (+address "for the serving of notices") will be on your tenancy agreement
3) if the LL's address is c/o the agent, you may wish to identify his actual address. You can ask (in person or writing) the agent for the LL's address, but until a tenancy exists, they do not have to provide it (I believe). If the tenancy actually existed then the Landlord & Tenant Act 1985 would require them to provide it within 21 days. An alternative possibility is to get the LL's address from the Land Registry (£4)
4) I assume you have a copy of the tenancy agreement signed by the landlord (or his agent on his behalf) in your possession? Please confirm.
5) I assume the tenancy start date on the TA is in three days? Please confirm the stated tenancy start date
6) As Fire Fox says, you do not have a tenancy (until you move in) but you DO have a contract.
7) Yes, you can sue for your losses for breach of contract (hotel bills etc) provided you have proof
8) As FF say, you cannot start legal action till the breach occurs - but you can prepare if you are convinced the breach WILL occur.

Any LL who signs a new TA before the property is vacant is mad - there is never a guarantee that existing tenants will vacate when stated/asked/expected/hoped. Lining up a new tenant in preparation is one thing. Signing a binding contract with them is another!

edit: actually for a 'belt and braces' approach I would sue the landlord and agent as joint defendants...7

Small Claims Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

anselld

To the three previous threads...
https://forums.moneysavingexpert.com/discussion/4183927

Has the LA returned your holding deposit? If not I doubt you have any case against them.

As GM has pointed out your contract would be with the LL if anyone. However I doubt you will get far there either as you did not sign a rental contract.

You will need to listen carefully to the Solicitors realistic view on the chances of winning before you end up throwing good money after bad.

user_dilbert

G_M wrote: »

1) Your tenancy is with the landlord, not the agent
2) the LL's name, (+address "for the serving of notices") will be on your tenancy agreement
3) if the LL's address is c/o the agent, you may wish to identify his actual address. You can ask (in person or writing) the agent for the LL's address, but until a tenancy exists, they do not have to provide it (I believe). If the tenancy actually existed then the Landlord & Tenant Act 1985 would require them to provide it within 21 days. An alternative possibility is to get the LL's address from the Land Registry (£4)
4) I assume you have a copy of the tenancy agreement signed by the landlord (or his agent on his behalf) in your possession? Please confirm.

The contract is not a short hold tenancy agreement, but it is a contract with the move in date signed by me and the LA, stating the cost of the rent each month and the money I have to pay to secure the place.

5) I assume the tenancy start date on the TA is in three days? Please confirm the stated tenancy start date

The tenancy is supposed to begin tomorrow.

6) As Fire Fox says, you do not have a tenancy (until you move in) but you DO have a contract.

I agree.

7) Yes, you can sue for your losses for breach of contract (hotel bills etc) provided you have proof



8) As FF say, you cannot start legal action till the breach occurs - but you can prepare if you are convinced the breach WILL occur.

Given the circumstances there is nothing that can be done to make it work by tomorrow.

Any LL who signs a new TA before the property is vacant is mad - there is never a guarantee that existing tenants will vacate when stated/asked/expected/hoped. Lining up a new tenant in preparation is one thing. Signing a binding contract with them is another!

I agree.

edit: actually for a 'belt and braces' approach I would sue the landlord and agent as joint defendants...7

Small Claims Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

suited-aces

I'm not saying you would do this, but just for future reference (people search these things), while you should be entitled to your costs, you also have a duty to mitigate your losses. Eg arranging a short term, let staying in a travelodge rather than the Hilton.

Kynthia

I agree with many of the posts above. You need to see whether you have a contract to start a tenancy and this would be with the LL. If you have then you can sue for your losses, but you must minimise them. If the LL's tenants are at fault then the LL can sue them for what they've had to pay out to you. As small claims court is designed to be used by individuals you may not recover much of your legal fees so keep these to a minimum too.