Let down and made homeless on move in day buy the estate agent!

vrobinson1982

Sorry this is a long one but would really appreciate any advice! We viewed a property to rent which we liked and decided to go ahead with. Before the holding deposit was paid I explained to the estate agent that myself and husband had bad credit, but we had a guarantour, would this be acceptable by the landlord. We were informed that if the guarantour passed then this would be acceptable, so we put a holding deposit down and commenced with the referencing

On Wednesday the esate agent emailed me to confirm that we had passed referencing and could move in on the Saturday and check in would be at 3pm. We then paid the 1 month rent advance, 1.5 month deposit as requested by the estate agent (a total of 3300 GBP) and spent the next 2 days rushing to get everything packed up in time for the move. That evening the referencing company called to say they still had not recieved my husbands 6 months bank statements. We explained that the estate agent had already confirmed our move in date which is why they had not already been sent over. They apologised and said they would speak to the estate agent.

On Friday evening I recieved a phone call from the estate agent to say that there had been a mix up and the landlord was not aware we were moving in the following day and asked "how dire is it that you move in tomorrow". I explained that everything in our home was now in the back of a lorry and it was very dire! She explained that there wasnt going to be a problem and we were all set for the next day.

Saturday I called at 1pm to reconfirm the check in, and it was confirmed for 3pm. We arrived at the estate agents and the landlord was there waiting. We were informed by the landlord that as I hadnt passed referncing and my husbands referncing was incomplete due to the statements not being sent over, she wasnt prepared to allow us to move in and she wanted to wait until Monday until the referencing company was open to have my husbands referencing complete. The estate agent said that from their point of view we have passed, as the guarantour has passed but there was no budging and we were not allowed to move in to the property even though the date and time had been confirmed by the estate agent and we had paid everything. I explained to both parties that we were now homeless and everything we own on the back of a lorry! The estate agent offered us 200 GBP for a hotel and said although we were the innocent party this in no way means they accept liability for what had happened.

I want to find out where we now stand after being made homeless! Surely the estate agent should have had a signed tenancy agreement by the landlord before any move in date was offered to us! What happens to all our out of pocket expenses (van hire to keep all our belongings in until this is all rectified, food becasue all our food has had to be chucked away from inside the van, Monday we will both have to take unpaid time off work to go back to the estate agent IF this is indeed all rectified on Monday).

Any help or advice would be greatly appreciated!

BitterAndTwisted

An argument could be made that as there's no signed tenancy agreement there is no legally-binding contract between the two parties.

If your guarantor has passed the credit-checks I can't understand why the landlord hasn't agreed to allow you the tenancy, but it's their property so they make the rules I suppose.

thequant

You have my sympathies, I have been in this situation.


I ended up outside an estate agents at the other end of the country with all my wordly goods in the van outside. The LL hadn't been informed that we were moving in. She was prepared to let us move until she discovered my partner was on benefits at which point she wouldn't budge.


It took a lot of explaining to her, assuring her everything would be in my name and my partners circumstances were irrelevant to the situation.


Eventually she relented and it was a huge relief, but sitting in that estate agents coming to close of business on a sat with nowhere to go was one of the worst feelings in my life.


In the end the tenancy worked quite well and we had a fantastic relationship with the LL and stayed their quite a few years.


However when I came leave, I was dismayed that the EA did exactly the same to next tenant and failed to inform the LL.


So I know there is at least one EA who is notorious for doing this, any clues to who they are ?


Regarding liability, I'm sure there must be some, but not sure however to pick this apart. I'd suggest concentrate and getting a roof over your head first, and then follow on the legal action.


I'd certainly keep mentioning the words "legal action" till they sort out this mess. If they keep insisting they have no liability, especially if they say "nothing was signed". Point out that a verbal agreement is just as binding as a written one.


Apart from deposit and rent, did you pay any fees to the agency ?

thequant

BitterAndTwisted wrote: »

An argument could be made that as there's no signed tenancy agreement there is no legally-binding contract between the two parties.

If your guarantor has passed the credit-checks I can't understand why the landlord hasn't agreed to allow you the tenancy, but it's their property so they make the rules I suppose.

If there has no been verbal or written contact between the LL and tenant there will be no binding agreement between them at all.


The issue is will be the nature of the "contract" between the EA and the tenants.

princeofpounds

The landlord's agent had agreed to rent you the place, as evidenced by the email -and consideration has been exchanged. I think there is a fair chance you had a contract, but not a tenancy yet.

So you may be able to small claims for damages. Keep records of all costs incurred.

I'm not sure about this conclusion, but hopefully you can get good advice from somewhere.

thequant

princeofpounds wrote: »

The landlord's agent had agreed to rent you the place, as evidenced by the email -and consideration has been exchanged. I think there is a fair chance you had a contract, but not a tenancy yet.

So you may be able to small claims for damages. Keep records of all costs incurred.

I'm not sure about this conclusion, but hopefully you can get good advice from somewhere.

Agree...........

Guest101

They have accepted rent, and agreed a move in day. I think you have a strong case.

The 200 is a nice gesture, but don't accept it as a full and final settlement. ( I don't know any business which just gives money away, we'll not a private one anyway!)

vrobinson1982

I am just so upset and devistated at the minute I cant even think straight. We would never have moved out of our home if we had known the landlord had not already signed the tenancy. The estate agent should never have given us the move in date when they didnt even have the tenancy confirmed and signed by the landlord, they had no right or authority to do so. We were literally sat there yesterday with all our worldly possesions in the van outside and our 2 year old child and the Landlord would not budge until my husband referncing was complete, no matter how much I explained that the only reason it wasnt complete was because the estate agent had confirmed we had passed referencng and the move in date.

The lanlord was shocked how much we had already paid the estate agent, and yes we have also paid the estate agents fees. I actually ran out of the estate agent after the Landlord got up and left and pleaded with her if there was anything more we could do! I offered her another month rent up front there and then and she refused to move on anything until she spoke to the referncing company on monday herself. I am truly gutted. I dont know how the estate agents can do this to people.

I understand that I dont have an agreement with the landlord and "An argument could be made that as there's no signed tenancy agreement there is no legally-binding contract between the two parties" but surely I have an agreement with the estate agent, I have stuck to their terms, paid all the money they requested and recieved an email from them confirming the move, surely this is my agreement?!

thequant

vrobinson1982 wrote: »

I understand that I dont have an agreement with the landlord and "An argument could be made that as there's no signed tenancy agreement there is no legally-binding contract between the two parties" but surely I have an agreement with the estate agent, I have stuck to their terms, paid all the money they requested and recieved an email from them confirming the move, surely this is my agreement?!

I'm almost 99.99% certain you have an agreement with the estate agent.


To form a contract both parties need to make an agreement where there is "consideration". It's a popular misconception that an agreement has to be in writing for it to be binding, it isn't, it just makes it easier to prove.


The fact that you paid the agent their fees, is you fulfilling your consideration and hence proof of the agreement.


The fact that they have already offered up £200, while claiming there is no liability. Shows they are very seriously worried.

Guest101

I'm telling u, u may have a tenancy. The agent accepted rent for the property in behalf of the LL. However this is not 100% fact, so you need to ask the agent where the rent is, if it has been transferred to the LL you already have a tenancy and the ll needs to let you move in ASAP.

But that aside you have a case against losses from the agent. Can hire, hotel stay, your fees and so forth.

A contract was clearly formed that a property was available to move into, u need to speak to shelter

pinkshoes

Keep a list of ALL costs incurred and inform the EA they will be billed for all out of pocket expenses.

Have you thought what happens if the LL says no tomorrow? (Just in case...)