Where do we stand with this? Misled about rental property

Pocket_Vicar

Hi all, first post here but I was wondering if you could share some advice.

Me and my partner recently went to view a property to rent, we were told it was a long term let with a standard 6month tenancy agreement which would then roll on if we wanted to stay.

We then paid the application fees totaling £240 and signed the applications for the property.

I have just found out the property is for sale as well, which is really upsetting as we don't want to be living in a situation where we would be expected to have people shown around the house, and to be living in such an unsettled manner.

My partner is disabled so finding a suitable property is hard and takes a bit longer than usual, and obviously if the house sold and the new owners wanted us to move out we might not be able to find suitable alternative accommodation at such short notice.

On these grounds we have decided that the risk is a bit much and we would prefer to keep looking.

I'd like to know though if we are entitled to any of our application fees returned as we signed for the property under false pretenses?
Obviously £240 is quite a lot of money when we are only in receipt of benefits.

Many thanks guys and any help appreciated.

asharon

Im not sure everything that was discussed between yourself and the agent but I'd suggest going in and talking in person and being honest.

I know it doesn't always work but you can get upset later if it goes no where but most likely it will be down to a gesture of goodwill in a way so talk to them and see what they say.

pmlindyloo

Did you sign a tenancy agreement?

thelem

First check if the property will remain on the market - the landlord may have been happy to rent or sell and might remove it from the market now they have a tenant.

If you move in, you are under no obligation to permit the landlord to conduct viewings and he'll stuggle to sell a house with a tenant anyway. You'll probably need to negioate with the landlord as well as the agent though - your complaint is with the landlord and the agent have done their job to earn those application fees.

The landlord needs to give at least two months notice if they want to evict you, so worst case scenario you move in and have two months to look for a new place once the landlord is ready to sell (which may be in six months, or may be later)

Turnbull2000

Letting agents can and will lie through their teeth to get you in. There's not much you can do I'm afraid.

Thrugelmir

Pocket_Vicar wrote: »

I have just found out the property is for sale as well,

The owner is merely covering their options. Find a tenant or let the property. An empty property costs money so an understandable strategy.

Kayalana99

Even if they do sell you'd have to be given a months notice a month before the end of your 6month contract (so you'd still have the orignal 6months anyway)

pmlindyloo

Pocket_Vicar wrote: »

Hi all, first post here but I was wondering if you could share some advice.

Me and my partner recently went to view a property to rent, we were told it was a long term let with a standard 6month tenancy agreement which would then roll on if we wanted to stay.

We then paid the application fees totaling £240 and signed the applications for the property.

I have just found out the property is for sale as well, which is really upsetting as we don't want to be living in a situation where we would be expected to have people shown around the house, and to be living in such an unsettled manner.

My partner is disabled so finding a suitable property is hard and takes a bit longer than usual, and obviously if the house sold and the new owners wanted us to move out we might not be able to find suitable alternative accommodation at such short notice.

On these grounds we have decided that the risk is a bit much and we would prefer to keep looking.

I'd like to know though if we are entitled to any of our application fees returned as we signed for the property under false pretenses?
Obviously £240 is quite a lot of money when we are only in receipt of benefits.

Many thanks guys and any help appreciated.

Please answer the question about this.

Did you sign the tenancy agreement?

If you signed the tenancy agreemet then you are liable for the rent until the end of the agreement and you can only not be held liable if the landlord agrees to a surrender (you should get this in writing). In this scenario it is unlikely that any fees would be returned and indeed you may be liable for the extra monies for finding a new tenant.

If you have not signed the tenancy agreement then you could try negotiating with your landlord as regards the fees that you have already paid.

As regards the 'misrepresentation'. How did you find out the house is for sale? Did the agents tell you? Did you see a For Sale sign outside the property?

It coud be that the property was up for sale and for let and the landlord would now take it off the market.

If it is up for sale and you have signed the tenancy agreement and the landlord won't allow a surrender then you could;

1. Refuse all viewings
2. Allow viewings at your convenience at a reduced rent.

Time to start a converation with the agent and landlord.

Yorkie1

Kayalana99 wrote: »

Even if they do sell you'd have to be given a months notice a month before the end of your 6month contract (so you'd still have the orignal 6months anyway)

Kayalana, you keep getting the law wrong on giving notice.

This is completely incorrect.

OP, see this post on how a tenancy can be ended.
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Pocket_Vicar

pmlindyloo wrote: »

Please answer the question about this.

Did you sign the tenancy agreement?

As regards the 'misrepresentation'. How did you find out the house is for sale? Did the agents tell you? Did you see a For Sale sign outside the property?

pmlindyloo, we have not yet signed any tenancy agreement or handed over any money besides the agency fees. The tenancy would have started on the 8th of June.

There was not a For Sale sign at the property and the agent didn't inform us either. I was actually trying to find the advert for the property on Zoopla but accidentally searched in the Sales section and saw it listed there. It had been listed for sale the day before the viewing.


Thanks everyone for you help and advice, I will be getting in touch with the agents on Monday to discuss the situation. My main concern is our security in the property as after 6 months we will only just be settling in, and the added difficulty of finding suitable alternative accommodation is a factor as well.

Thrugelmir

Pocket_Vicar wrote: »

Thanks everyone for you help and advice, I will be getting in touch with the agents on Monday to discuss the situation. My main concern is our security in the property as after 6 months we will only just be settling in, and the added difficulty of finding suitable alternative accommodation is a factor as well.

Ask for a longer tenancy agreement to express your desire for a longer term relationship.