Being Forced Out Of Rented Home

IW87

HI,

Not sure if this is the right place to post but my sister was in a joint flat share with a friend. The friend recently gave notice that she wanted to leave and my sister was advised she could stay if she could find a replacement tenant.

A new tenant was found and was due to move in this Friday. Both my sister and said new tenant have been trying to get a contract and such provided by the letting agents, who have already taken the new tenants deposit and fee's but a contract has failed to materialise. Owing to this, the new tenant has today pulled out of the move due and therefore my sister has been given a week to move out by the letting agents.

Can anyone advise where my sister stands as she held up her side of the agreement, however it was due to the inaction of the letting agents that it hasn't happened.

Any assistance will be greatly appreciated.

Guest101

IW87 wrote: »

HI,

Not sure if this is the right place to post but my sister was in a joint flat share with a friend. The friend recently gave notice that she wanted to leave and my sister was advised she could stay if she could find a replacement tenant. - Seems reasonable.

A new tenant was found and was due to move in this Friday. - Confirmed by the Landlord? Both my sister and said new tenant have been trying to get a contract and such provided by the letting agents, who have already taken the new tenants deposit and fee's but a contract has failed to materialise. - security deposit (for damages) or holding deposit? Owing to this, the new tenant has today pulled out of the move due and therefore my sister has been given a week to move out by the letting agents. - Owing to what? Either way, basically yes agents are correct. Assuming the notice given by the ex flat mate expires on Friday.

Can anyone advise where my sister stands as she held up her side of the agreement, however it was due to the inaction of the letting agents that it hasn't happened. - She either moves out or pays double rent.

Any assistance will be greatly appreciated.

Any reason she cant take the flat on herself?

IW87

Yes, It was confirmed by the landlord.

From what I am aware it was a security deposit.

Apparently, the new tenant was unhappy with 'discrepancies' in the contract, which the letting agents were to amend accordingly and email her a copy of by this morning which never materialised. However the agency have agreed to the amendments in an email this morning, but the tenant no longer wants to take the property.

IW87

Its also my understanding that my sister agreed to pay for the flat in full for 1 month whilst she finds another tenant. But which has been refused and she has been given one week to vacate.

Guest101

IW87 wrote: »

Its also my understanding that my sister agreed to pay for the flat in full for 1 month whilst she finds another tenant. But which has been refused and she has been given one week to vacate.

Yes but why was it refused?


Like I say if she doesn't leave, she'll be liable for double rent.


Her ex flat mate has slightly dropped her in it to be fair

Guest101

IW87 wrote: »

Yes, It was confirmed by the landlord.

From what I am aware it was a security deposit.

Apparently, the new tenant was unhappy with 'discrepancies' in the contract, which the letting agents were to amend accordingly and email her a copy of by this morning which never materialised. However the agency have agreed to the amendments in an email this morning, but the tenant no longer wants to take the property.

Basically Landlord and Agent have done nothing wrong.


New flatmate has dropped her in it, and so has old flat mate. Not really on.


I mean it's Monday and they not moving until Friday, what's the rush??

IW87

But isn't it law that she would have to be given 2 months written notice to leave the property?

Guest101

IW87 wrote: »

But isn't it law that she would have to be given 2 months written notice to leave the property?

She wont be chucked out onto the street, but unless she can afford double rent, she's going to end up severely out of pocket.

G_M

Let's clarify the legal position:

What kind of tenancy is this?

1) England, Wales, Scotland?
2) AST?
3) joint tenancy or 2 individual tenancies?
4) fixed term? Exact start/end dates please?
5) or periodic (rolling)? Exact date periodic started please?
6) date friend served notice?
7) length of notice and expiry date (relevant with 4 or 5 above)

Once these are clarified, the sister's legal position can be explained.

Meanwhile this may help:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?