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Student renting... need URGENT advice please

My student daughter and her friend were due to move into their rented property on the 1st July... They signed the agreement and paid the first months rent in June. I had been ringing the estate agent all the week before explaining that the keys need to be with them as I was travelling up ( 2 hour journey) to help my daughter move. When I arrived at the estate agents I was told they didnt have the keys... they called the landlord who asked to meet me at the property an hour or so later. I arrived and he wasnt there.. I called the estate agents and they told me there had been a development. the Landlord had decided to let the current tenants stay another month!!!!!.......... Legally as they had signed the agreement and paid the first months rent, I didnt think he was allowed to do this.... Can anyone give me some advice please......
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Comments

  • Lokolo
    Lokolo Posts: 20,861 Forumite
    Part of the Furniture 10,000 Posts
    I assume the agreement says to start 1st July?

    I don't think the landlord can do this and should arrange alternative accommodation. However I am not 100% sure on the legality of it.
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Problem is, there is nothing the LL can do to get ride of the previous tenants (right here and now) ... Legalese people will be along to help with your daughter's rights I'm sure, but she won't be getting into THIS house this month.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    Is their contract with the landlord or the estate agent?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    LL needs to pay for laternate accomodation, it's complex, but basically it's that or a very expensive law suit.

    Firt point of call would be, LL to discuss this. If the tenancy has been signed and accepted (which accpeting money does) then he/she will be laible.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    Guest101 wrote: »
    LL needs to pay for laternate accomodation, it's complex, but basically it's that or a very expensive law suit.

    Firt point of call would be, LL to discuss this. If the tenancy has been signed and accepted (which accpeting money does) then he/she will be laible.

    Only if the contract is with the landlord.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    GwylimT wrote: »
    Only if the contract is with the landlord.


    If agent is acting on behalf of the LL, the contract is always with the landlord! Agent just signs it on their behalf.

    The only exception to this would be when LL has a contract for the agent to rent the property, and the agent has a separate contract to rent to the tenant - very unlikely!

    A Tenancy agreement is between LL and T, and agent is just the middleman/woman.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The problem maybe that the existing tenants will not move out !
    Exams/course work to finish so the tenancy maybe finished and a valid S21 may have been served but if they do not move out what can the landlord do ?
    Does you daughter have to move in NOW ?
    Your daughter and her friend have been paying rent since the 1st of July why did they not move in on the 1st of July.?
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    Werdnal wrote: »
    If agent is acting on behalf of the LL, the contract is always with the landlord! Agent just signs it on their behalf.

    The only exception to this would be when LL has a contract for the agent to rent the property, and the agent has a separate contract to rent to the tenant - very unlikely!

    A Tenancy agreement is between LL and T, and agent is just the middleman/woman.

    As this is a student let it is almost guaranteed to be the case, very few landlords do otherwise as it is more hassle and can often be more costly where renting to students is concerned and it gives the landlord the opportunity to push a certain amount of liability onto the estate agent if things go wrong, e.g. lots of damage so they don't have to claim themselves but leave it to the estate agent
  • mrginge
    mrginge Posts: 4,843 Forumite
    GwylimT wrote: »
    As this is a student let it is almost guaranteed to be the case, very few landlords do otherwise as it is more hassle and can often be more costly where renting to students is concerned and it gives the landlord the opportunity to push a certain amount of liability onto the estate agent if things go wrong, e.g. lots of damage so they don't have to claim themselves but leave it to the estate agent

    If this contract is with the EA, why is it the LL who has let the current tenants stay on? Why did the LL agree to meet the OP at the property?
  • anselld
    anselld Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    mrginge wrote: »
    If this contract is with the EA, why is it the LL who has let the current tenants stay on? Why did the LL agree to meet the OP at the property?

    As Werdnal pointed out the LL is always responsible. The action (or inaction) of the EA is the LL responsibility because they are acting as agent for the LL.

    So if the EA failed, for whatever reason, to gain vacant possession in time for the new tenancy, that is the LL responsibility. ( though of course the LL could hold the EA liable if there was any breach in the contract between them)
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