Landlord changing moving in date

Kelp

Hi All,

So we went to view a property to rent at the beginning of August found one, paid for referencing which was passed fine. Was supposed to be moving in 26th September. I've already handed my notice in in my current property as i have to give a month. Today i get a call saying the landlord cant let the property on that date and they need to push it back a month at least.

The reason being is the landlord lives in the house and is downsizing and buying another house which the sale has now been delayed on due to someone up the chain.

Now i know i'm not going to be able to get in this house but I've already booked movers and paid the referencing fees would i legally be entitled to the referencing fees back and any out of pocket expense due to a change in the moving in date.

Thanks

Guest101

It's complex.


You have a contract, they've breached it.


You can claim your losses as a result, but you must mitigate those losses. For example by seeking alternative place to live.


Have you asked them how they intend to assist you?


Hotel for a month

Kelp

Do i have a contract? as i haven't actually signed a tenancy agreement i was due to go to the offices of the estate agent a week before moving in to pay the rent, deposit and sign contract.

I have asked them to refund reference fee so i am free to find another house through another agent if needs be. I am waiting on them calling me back about this.
I haven't called movers to see if we can change the date yet.

fairy_lights

Have you signed a tenancy agreement yet?

Kelp

No i have not signed anything yet.
Only paid for the referencing check which i was told was to secure the property landlord was happy with this and verbally agreed a moving in date of 26th September

Guest101

Kelp wrote: »

Do i have a contract? as i haven't actually signed a tenancy agreement i was due to go to the offices of the estate agent a week before moving in to pay the rent, deposit and sign contract.

I have asked them to refund reference fee so i am free to find another house through another agent if needs be. I am waiting on them calling me back about this.
I haven't called movers to see if we can change the date yet.

That's fine. You don't have a tenancy, and you wont, until you move in.


But you have a contract, albeit verbal, backed up now by the LL asking to move the date.


Obviously if you accept this, then there is no breach.

Kelp

OK good to know. I'll see what they say about them refunding the reference, unless they have another house that we like which available this month.

Guest101

Kelp wrote: »

OK good to know. I'll see what they say about them refunding the reference, unless they have another house that we like which available this month.

That's not quite how it works.


Your contract is with Landlord not Agent.

Kelp

So the landlord would need to refund a reference fee even though i paid the agent?

Voyager2002

Call Shelter first thing in the morning... you may have to call many times before you get to speak to an advisor, but it will be well worth the trouble.

And to answer your original question: no, it is unlikely that you can get back the referencing fees, but the landlord (not agency) is likely to be liable for any additional costs you may face (such as referencing costs with another agency, for instance).

Guest101

Kelp wrote: »

So the landlord would need to refund a reference fee even though i paid the agent?

Yes, that's the gist of it.