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Landlord question: Tenancy Agreement - can i change my mind?

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All,

I have a query on behalf of a friend, who is struggling to obtain answers online. If they decided to rent their property out and the tenant placed a deposit down with the estate agent with a move in date on 1st May - what would happen if the landlord's circumstances changed and they no longer wanted to rent the property out?

Is it simply too late, and as the tenant had paid a deposit then the home owner would no longer be able to back out of the proposed plan?

Thanks for you help.

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  • Guest101
    Guest101 Posts: 15,764 Forumite
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    All,

    I have a query on behalf of a friend, who is struggling to obtain answers online. If they decided to rent their property out and the tenant placed a deposit down with the estate agent with a move in date on 1st May - what would happen if the landlord's circumstances changed and they no longer wanted to rent the property out?

    Is it simply too late, and as the tenant had paid a deposit then the home owner would no longer be able to back out of the proposed plan?

    Thanks for you help.

    Deposit, or deposit and first months rent?

    Tenancy agreements signed?
  • Kayleigh141
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    Nothing has been signed so far on the landlords side, however deposit only and tenancy agreement documents provided to Estate Agents.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Nothing has been signed so far on the landlords side, however deposit only and tenancy agreement documents provided to Estate Agents.

    Ok I'll try again, have the agents signed the tenancy agreement along with the tenant?
  • Argghhh
    Argghhh Posts: 352 Forumite
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    might have some costs to repay the EA but should be ok to withdraw - say the house has had a catastrophic flood and is unhabitable
  • Kayleigh141
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    Guest101 wrote: »
    Ok I'll try again, have the agents signed the tenancy agreement along with the tenant?

    I am not sure - but would like to understand what can be done if the above has or has not yet occurred if possible.
  • Kayleigh141
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    Argghhh wrote: »
    might have some costs to repay the EA but should be ok to withdraw - say the house has had a catastrophic flood and is unhabitable

    Thanks - Could the estate agents not ask for proof? Can the landlord simply just state that their personal circumstances have changed?
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
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    * the letting agent works for the landlord.. as his 'agent'. So
    * has the agent signed the tenancy agreement with the tenant on the LL's behalf?
    * if yes, there is a legal contract.
    * if neither the LL, nor his agent, have signed, there is no signed contract
    * there may be a verbal contract though. What exactly was said/agreed?
    * was the 'deposit' a 'holding deposit' or a 'security deposit'? What did the receipt or other documentation given to the tenant say?

    Now see:

    Tenancies in Eng/Wales: Guides for landlords and tenants
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