lanlord cancels day before tenancy

Arleen

As the LL is clearly in breach of the contract (and there is a contract, him not returning the money is about as good as signing it) the very least he has to do is refund your deposit, rent etc which he is doing. You likely also have a claim for your moving expenses (although try to cancel the moving company, explain what happened and see if you can get your money back), but not the furniture etc - those are possessions you should return to the store if you don't need them anymore. And absolutely get the referencing money back from the agents and tell them as advised above - to chase the LL for it.

Remember that if you have nowhere to go, you don't have to vacate your current premises, even if your tenancy is about to end tomorrow.

Miss_Samantha

There is likely a contract in any case.

OP should insist that there is and seek performance (being given the keys) or compensation for all it is going to cost her.

jumari

Thank you, some good advice for future reference

jacksmith93

Generally, there would be a case, even if not signed as the contact is implied. However, most agreements and lettings all state subject to contract and unfortunately if that's the case the implied element falls by the wayside.


Hope all gets sorted somehow!

steampowered

I would tell the letting agent that you will be claiming all costs from the landlord. This will include the cost of staying in a hotel, reference fees, the additional cost of finding a new property to rent and the cost of furnishing. This will be backed up by a county court claim if necessary.

You might not get all of that, but I think that should be your opening negotiating position. As you have been royally shafted there is no point in rolling over.

There may well be a legal basis for saying that a contract had been agreed (even if the landlord never signed it), particularly if the deposit was accepted some time ago.

[Deleted User]

Phone Shelter for advice urgently (0808 169 6839). They will be able to talk it over with you and let you know what you can claim back, and what you can do now you are in this situation. Sometimes your Local Authority's Housing Department will help negotiate in this situation as well.., they won't want to put you on their homeless list.

Very sorry this has happened. I know it must be a nightmare.

Do the agency have anywhere else they can put you? i would imagine (in spite of them saying its out of their hands) they are in doo doo as well.

saajan_12

Since you haven't moved in, the tenancy hasn't started yet, so you wouldn't have tenant's rights. However if you have a contract which the LL breached, they would be liable for your losses / any monies you spent on reliance of that contract.

jumari wrote: »

I signed the tenancy agreement yesterday, not sure if landlord has. - if the written agreeement was never fully executed, then you're relying on a verbal contract, which the EA / LL will say they would never have finally agreed. Estate agent says its never happened before and so is out of their hands. result = Home in boxes with nowhere to go. Disabled daughter in tears along with my 5 & 6 yr olds - Contracts and breaches aside, I understand this is a stressful situation, but please try not to let it affect you and your kids. Where are you living now? Can you extend that at all while you look for something else? Are there any friends/ family who can help with a room in the interim?

As your tenancy hadn't started, if the LL did breach a contract, they would only be liable to you in monetary terms, which could unfortunately take time to recover. Focus your immediate energy on finding somewhere to live and fight the LA / LL later when you're settled.

G_M

1) write a letter to the landlord headed "Letter Before Action", stating that he is in breach of contract, has accepted rent from you, and you have incurred costs. List the costs, and ask for return of all costs (including the abortive credit vetting fees within 5 days or legal action will follow. cc the agent.
What address is on the tenancy agreement for the landlord? Use that address - even if it is c/o the agency. The agent gets a seperate copy.

Have a 2nd version which excludes the rent, deposit etc.

Do not post...... yet.

2) go to the agent (taking the letter with you) and (try to) have a reasonable discussion.

a) if they give you the keys, all well and good (but make sure the TA reflects the actual start date)
b) if the agent says you can move in, but later, get this confirmed in writing, with a new TA showing new start date
But
c) if the agent says 'no' to the tenancy, and refunds your rent & deposit, but declines to compensate you, hand over version 2 of the letter (and post the appropriate one to the LL's address)
d) if the agent refuses to refund anything at all, hand over version 1 (and post to LL)

If you don't get everything you want within the 5 days, then decide whether to take legal action, accept a compromise (eg some refund/compensation), or walk away for an easy life.

stator

Follow advice above, don't give up.

Out,_Vile_Jelly

This is extremely unreasonable behaviour on the part of the LL and the impact of making such a last minute decision should be made clear to them.

1 a good agent (hah!) would be pulling out all the stops to push this tenancy through, or be lining up other similar properties with quick move-in dates, and waiving the admin/referencing fees. Have you asked them about other places?

2 start keeping a record of all costs incurred, and all your dates and dealings with the agent thus far.