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

Kynthia

Guest101 wrote: »

I'm telling u, u may have a tenancy. The agent accepted rent for the property in behalf of the LL.

They definitely don't have a tenancy as that begins only once the tenant takes occupation of the property. However what we agree is there may be a contract to create a tenancy with the landlord's agent. It would be more clear cut if the OP had signed the contract, but as they have actually paid rent, and not just fees, plus have evidence they were told it was all fine and they could move in now. So if one side doesn't stick to their part of the contract (providing the property) then the other side is entitled to claim for their losses but must mitigate them too.

OP, I would take the money if you really need it and can't wait for more later, but put in writing that you are not accepting this as a full and final settlement. Find somewhere as cheap, secure and safe to stay. Then start doing what you can to find a permanent housing solution, such as completing the credit referencing for your husband and going to agents to find another short notice rental. Also ring Shelter for advice and visit the CAB. You may have to sue, or threaten to sue, for all your additional costs. I think it might be the landlord you sue as they are the landlord's agent and legally they are creating a contract with you and the landlord, and then they'll have to sue their agent. However hopefully the CAB and Shelter can help with this.

vrobinson1982

Thank you so much for all your responses, I really appreciate it. Fingers crossed all goes well tomorrow and we have a roof over our heads. I just hope and pray that the Landlord doesnt pull out completely because of the pure incompetancy and stress the estate agent has caused!

Guest101

Kynthia wrote: »

They definitely don't have a tenancy as that begins only once the tenant takes occupation of the property. However what we agree is there may be a contract to create a tenancy with the landlord's agent. It would be more clear cut if the OP had signed the contract, but as they have actually paid rent, and not just fees, plus have evidence they were told it was all fine and they could move in now. So if one side doesn't stick to their part of the contract (providing the property) then the other side is entitled to claim for their losses but must mitigate them too.

OP, I would take the money if you really need it and can't wait for more later, but put in writing that you are not accepting this as a full and final settlement. Find somewhere as cheap, secure and safe to stay. Then start doing what you can to find a permanent housing solution, such as completing the credit referencing for your husband and going to agents to find another short notice rental. Also ring Shelter for advice and visit the CAB. You may have to sue, or threaten to sue, for all your additional costs. I think it might be the landlord you sue as they are the landlord's agent and legally they are creating a contract with you and the landlord, and then they'll have to sue their agent. However hopefully the CAB and Shelter can help with this.

Ye fair point.

Think solicitor could be required here really.

ruggedtoast

Another tale of the garbage that is trying to rent a house in the UK.

I dont think I have ever seen a signed tenancy before moving day. They often tell you to come into the office beforehand to sign your part, which of course isn't countersigned by the landlord until after you've moved in, giving them enormous opportunity to completely shaft you right up until you get the keys.

Guest101

ruggedtoast wrote: »

Another tale of the garbage that is trying to rent a house in the UK.

I dont think I have ever seen a signed tenancy before moving day. They often tell you to come into the office beforehand to sign your part, which of course isn't countersigned by the landlord until after you've moved in, giving them enormous opportunity to completely shaft you right up until you get the keys.

U mean LL / LA, just wasn't clear?

vrobinson1982

ruggedtoast wrote: »

I dont think I have ever seen a signed tenancy before moving day. They often tell you to come into the office beforehand to sign your part, which of course isn't countersigned by the landlord until after you've moved in, giving them enormous opportunity to completely shaft you right up until you get the keys.

We've never had this happen before. We've rented twice before, completely seperate estate agents, and on both occasions the tenancy agreement was signed by the landlord before we got there to collect the keys and we had never even met the landlord and we had no issues.

This partiular estate agent just doesnt seem to have a clue what they are doing. I will certainly be seeking legal advice to recover my costs after we have sorted a home

thequant

vrobinson1982 wrote: »

This partiular estate agent just doesnt seem to have a clue what they are doing. I will certainly be seeking legal advice to recover my costs after we have sorted a home

Some EA's do this on purpose, not sure why or what they expect to gain out of it, but they do.


Out of interest any clues who the EA is, I'm wondering if it's the same one that did this to me.

G_M

Guest101 wrote: »

I'm telling u, u may have a tenancy. .....

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

A contract - probobly.

A tenancy - no. Not until the tenant is in occupation.