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Letting Agents agreed to release me early from contact, now back tracking.PLEASE HELP
alexmcd777
Posts: 5 Forumite
So, Middle of February my Landlord's Estate Agent gave me warning that on the 6th of march he was going to give me 2 months notice as he wanted to sell the property. This was fine, I excepted it and we started to look for somewhere else. The same estate agents found us a property round the corner and it was suitable. I made an offer on the property after a discussion with one of the Agents who said they would first contact my existing Landlord to see if they would allow me to leave a month early. (They are also going to be selling his property so it appeared Win-Win-Win from all parties). I have in writing that they were going to enquire and hopefully 'twist his arm' to enable me to take the other property.
Later on (that day or the next), I was on the phone to one of the Agents and they confirmed VERBALLY that he was happy to do this (and as the conversation went, Win- Win-Win) and then I asked them to push forward with my offer. After negotiating this, finally i agreed to pay the asking price and we started the ball rolling with moving into the new house (referencing etc)
We moved in to the new house on the 27th of March. Since then I have worked frantically to get the old house ready. I've had cleaners in, I've had it painted, Oven Cleaned, carpets cleaned, I've cut back the garden, done EVERYTHING physically possible, which has involved me staying there till 9/10 at night all of last week and it engulfed our Easter weekend, meaning the only time I got to spend with my young children was on Monday.
On this Monday, I'd gone into the property early to make sure it was presentable to the Landlord and Check our Clerk as I believed the appointment to be at 10am on the 6th of April. It turns out, the confirmation e-mail said 6th of May and I didn't pick this up. With everything going on, I know this is my fault, but it was pure accident. I waited till 10.30 and still nobody turned up and I rang the Estate Agent and the number on the Inventory - as expected they were closed. It was at this point I re-read the e-mails thinking maybe I'd made a mistake on the time, then realising it said May rather than April. I then went to the Agents to double check they were closed. They were.
I went back home with the Keys and sent an e-mail querying everything as from what I'd been told, it didn't all add up.
This afternoon I got an e-mail back saying:
'Thank you for your email sent to Employee on the 6th April , which I was a little surprised to receive.
I am not aware of any agreement regarding an early release from your tenancy at OLD ADDRESS as it is my understanding that your official checkout date is the 6th May 2015.
In so far as I know the Landlord Mr Landlord has not agreed to release you early from the rental contract, therefore your rent jusT due until the 6th May.
Reference NEW ADDRESS we certainly had a discussion regarding the availability of this house and you were given first refusal to take the property before we marketed the property on the internet. It may be that you are getting confused with this.'
My responSe was:
'My offer was categorically based on the early release on my current contract, which was discussed by e-mail with Employee, as you may have been able to 'twist his arm' as he is looking to sell and can get the property on the market quicker.
I then spoke with someone in your office over the phone who confirmed he was happy to do this, this was during the point of negotiation with you over the rental amount.
I wouldn't have offered on NEW ADDRESS if I'd not have been able to have been released. Infact, I believe this was the first thing that was checked your end as there was no point in me offering on a property that the time frames didn't match up.
Hopefully this will jog your memory.
I have they keys ready to drop into the office whenever you want.'
They then responded as below and again my response is underneath:
'I have looked through all of the correspondence and we have emails confirming that your landlord at OLD ADDRESS will meet you at the property on 6th May for the check out and we have also had a reply from yourself confirming this.
I have attached a copy of the email for your information.
Lyn the inventory clerk will still meet you and the landlord on 6th May at 10am.'
My response:
'Yes, I accept that. But I miss-read and thought it was yesterday, 6th April (which would make sense for the Landlord turning up as its a bank holiday and he wouldn't have had to take any time off work). I was standing outside for half an hour, you can ask the neighbours.
Also,
Below are quotes from your e-mails to me:
'I know that the property is still being refurbished at the moment and LETTING AGENT 2 is hoping he can persuade your landlord to release you as he his selling agents can would have a free rein for access for any viewings.'
'Well LETTING AGENT 2 is hoping that if you like it then we can perhaps twist your current landlord’s arm to allow you to vacate earlier. J'
Both were on the 25th of February and then it was confirmed to me over the phone this had been successful.
So, are you saying this never actually happened?
I could NEVER afford to pay rent for two properties at once and wouldn't have even offered on NEW ADDRESS if this would have ever been a scenario. '
I haven't heard back from them since, but there is no way I can pay over £2,300 in rent for one month.
Since originally typing this and sending to Citizens Advice, I have had 1 e-mail saying they are waiting for the landlord to respond and a phone call 30 minutes ago chasing the rent.
Has anyone got ANY ideas as to what I can do without being taken to court for rent arrears?
Later on (that day or the next), I was on the phone to one of the Agents and they confirmed VERBALLY that he was happy to do this (and as the conversation went, Win- Win-Win) and then I asked them to push forward with my offer. After negotiating this, finally i agreed to pay the asking price and we started the ball rolling with moving into the new house (referencing etc)
We moved in to the new house on the 27th of March. Since then I have worked frantically to get the old house ready. I've had cleaners in, I've had it painted, Oven Cleaned, carpets cleaned, I've cut back the garden, done EVERYTHING physically possible, which has involved me staying there till 9/10 at night all of last week and it engulfed our Easter weekend, meaning the only time I got to spend with my young children was on Monday.
On this Monday, I'd gone into the property early to make sure it was presentable to the Landlord and Check our Clerk as I believed the appointment to be at 10am on the 6th of April. It turns out, the confirmation e-mail said 6th of May and I didn't pick this up. With everything going on, I know this is my fault, but it was pure accident. I waited till 10.30 and still nobody turned up and I rang the Estate Agent and the number on the Inventory - as expected they were closed. It was at this point I re-read the e-mails thinking maybe I'd made a mistake on the time, then realising it said May rather than April. I then went to the Agents to double check they were closed. They were.
I went back home with the Keys and sent an e-mail querying everything as from what I'd been told, it didn't all add up.
This afternoon I got an e-mail back saying:
'Thank you for your email sent to Employee on the 6th April , which I was a little surprised to receive.
I am not aware of any agreement regarding an early release from your tenancy at OLD ADDRESS as it is my understanding that your official checkout date is the 6th May 2015.
In so far as I know the Landlord Mr Landlord has not agreed to release you early from the rental contract, therefore your rent jusT due until the 6th May.
Reference NEW ADDRESS we certainly had a discussion regarding the availability of this house and you were given first refusal to take the property before we marketed the property on the internet. It may be that you are getting confused with this.'
My responSe was:
'My offer was categorically based on the early release on my current contract, which was discussed by e-mail with Employee, as you may have been able to 'twist his arm' as he is looking to sell and can get the property on the market quicker.
I then spoke with someone in your office over the phone who confirmed he was happy to do this, this was during the point of negotiation with you over the rental amount.
I wouldn't have offered on NEW ADDRESS if I'd not have been able to have been released. Infact, I believe this was the first thing that was checked your end as there was no point in me offering on a property that the time frames didn't match up.
Hopefully this will jog your memory.
I have they keys ready to drop into the office whenever you want.'
They then responded as below and again my response is underneath:
'I have looked through all of the correspondence and we have emails confirming that your landlord at OLD ADDRESS will meet you at the property on 6th May for the check out and we have also had a reply from yourself confirming this.
I have attached a copy of the email for your information.
Lyn the inventory clerk will still meet you and the landlord on 6th May at 10am.'
My response:
'Yes, I accept that. But I miss-read and thought it was yesterday, 6th April (which would make sense for the Landlord turning up as its a bank holiday and he wouldn't have had to take any time off work). I was standing outside for half an hour, you can ask the neighbours.
Also,
Below are quotes from your e-mails to me:
'I know that the property is still being refurbished at the moment and LETTING AGENT 2 is hoping he can persuade your landlord to release you as he his selling agents can would have a free rein for access for any viewings.'
'Well LETTING AGENT 2 is hoping that if you like it then we can perhaps twist your current landlord’s arm to allow you to vacate earlier. J'
Both were on the 25th of February and then it was confirmed to me over the phone this had been successful.
So, are you saying this never actually happened?
I could NEVER afford to pay rent for two properties at once and wouldn't have even offered on NEW ADDRESS if this would have ever been a scenario. '
I haven't heard back from them since, but there is no way I can pay over £2,300 in rent for one month.
Since originally typing this and sending to Citizens Advice, I have had 1 e-mail saying they are waiting for the landlord to respond and a phone call 30 minutes ago chasing the rent.
Has anyone got ANY ideas as to what I can do without being taken to court for rent arrears?
0
Comments
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No time to read properly or advise, but I'd edit out your address and any real names etc, to be safe and because it won't adversely affect the post .
You don't know who reads this forum!0 -
opps! copied from an e-mail I sent. Thanks for pointing that out. Never meant to name them publicly as other than this they have always been more than helpful.0
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Don't pay rent at old address. Claim back deposit in full. Write a formal letter of complaint to the manager of that branch.Changing the world, one sarcastic comment at a time.0
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It probably wouldn't hurt to contact your landlord directly and explain the situation, I can't see the letting agents passing on all the details to the LL if it paints them in a bad light.0
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If they force you to the agreement then refuse all viewings at your previous house.0
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