some advice if possible please!

milkyboy

Hello,

I'm new to this section of the forum and hoping for a bit of advice about our dealings with Bairstow Eves in Walthamstow, London.

We signed our contract last week for our new 1 bed flat we found, the start date being Friday 16th October. We agreed to pick up the keys on the following Monday but was then told on Monday that this wasn't possible as theyve found a fault in the electrics in the flat and they cant let us in legally....

They have been trying to resolve the problem all week to no avail as they need to access various neighbours flats as the electric comes in through their houses.

However we viewed the flat in late September and it was empty then! So they've had plenty of time to get these checks done rather than on the day of signing.

They've said they will change the start date on our contract so there's no issue there really.

But we have a hire van booked for this Sunday so that we can hopefully move, but the likelyhood of this possibility is getting more slim by the minute. We've also got family who have set their time aside to help with the move.

The estate agents haven't said they're willing to pay the cost of the van if its not ready by then, so i was just wondering where we stand in terms of getting the van money back from them if it all falls through. We've already paid full deposit and first months rent.

any help would be gratefully received.... thanks MSE'rs

Also we asked for a copy of our tenancy agreement we signed on Friday and they said the landlord hasnt signed yet so its not a completed agreement yet :mad:

Guest101

Have they taken deposit and first months rent? - If so the contract was offered by them (on behalf of the LL) and accepted by you.


Legally binding.


Any losses you incur are a liability for the LL, and possibly the LA (either from yourselves or from their client - the LL)

Pixie5740

A tenancy doesn't exist yet because you haven't moved in/got the keys. You do have a contract though as you have paid deposit, rent and you've signed a tenancy agreement. The landlord doesn't have to have signed it for a contract to exist. Your contract is with the landlord, not the letting agency. The letting agency are just acting on behalf of the landlord.

It must be frustrating being all packed and ready to go with nowhere to go to. It's not the best start to the landlord-tenant relationship but at least they haven't allowed you to move into a property with faulty electrics.

I don't think you are entitled to compensation for the cost of the van hire if the move falls through this weekend. Anything you get will be a gesture of goodwill.

Guest101

Pixie5740 wrote: »

A tenancy doesn't exist yet because you haven't moved in/got the keys. You do have a contract though as you have paid deposit, rent and you've signed a tenancy agreement. The landlord doesn't have to have signed it for a contract to exist. Your contract is with the landlord, not the letting agency. The letting agency are just acting on behalf of the landlord.

It must be frustrating being all packed and ready to go with nowhere to go to. It's not the best start to the landlord-tenant relationship but at least they haven't allowed you to move into a property with faulty electrics.

I don't think you are entitled to compensation for the cost of the van hire if the move falls through this weekend. Anything you get will be a gesture of goodwill.

Not sure I agree (which doesn't often happen!!) - it's a breach of contract, but not a breach of tenancy.


It could go down the route of a frustrated contract - IE beyond control. But the van hire would be a reasonable cost in my opinion if the LL wants to see the contract through.

milkyboy

Thanks everyone, this is kind of what i was expecting to hear... I don't think the landlord would worry about finding another potential letter, the place is a bit of a steal to be honest, I think we'll just have to cancel the van and take the brunt of the inconvenience.

milkyboy

will be writing a scathing review of the Estate agent online though... the amount of times we've had "yeah no worries mate, we'll call you back in 10 minutes" and then not heard from them

Pixie5740

I would wait until you either get the keys or the contract is cancelled before writing any scathing reviews. You don't want to poke the angry bear just yet as you might need the letting agent's cooperation.

The problem for tenants is that they don't choose the letting agency, landlords do. If a landlord were looking for a letting agency you would like to think they would look at reviews as part of their decision.

Guest101

Pixie5740 wrote: »

I would wait until you either get the keys or the contract is cancelled before writing any scathing reviews. You don't want to poke the angry bear just yet as you might need the letting agent's cooperation.

The problem for tenants is that they don't choose the letting agency, landlords do. If a landlord were looking for a letting agency you would like to think they would look at reviews as part of their decision.

Agreed. In the grand scheme it's a minor thing.