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Estate agents won't let us move out
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I totally agree with anselld and CIS. The council is not going to be bothered with disputes, not their problem. They will be given a legal AST with a date of September and that's what they'll go with.0
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I totally agree with anselld and CIS. The council is not going to be bothered with disputes, not their problem. They will be given a legal AST with a date of September and that's what they'll go with.
Exactly - I've been involved in hundreds of similar council tax disputes over the years (and still regularly see council decisions on the same issue) and standard policy has always been to work with the signed tenancy agreement unless it could be shown with certainty that the tenancy had been ended early. If it could not be demonstrated with certainty then it was very rare the decision was altered - they either needed the landlord to come back and confirm (very rare), had to appeal to the valuation tribunal or accept the council's decision.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Lettings manager sent me a contract ending June and asked us all to come to sign it. I can easily print off that contract and sign it as much as I did September except that September one they didn't let me read and I wasn't aware it's being changed without my consent.0
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So karmetis. Are you saying you have a signed copy which reads June that you would be provided as evidence to the contrary :cool:
Were you ever given a copy of the September One?0 -
Lettings manager sent me a contract ending June and asked us all to come to sign it. I can easily print off that contract and sign it as much as I did September except that September one they didn't let me read and I wasn't aware it's being changed without my consent.
If that is done then you're just going to end up making an even bigger problem out of it (as has actually happened in a case I've just seen and that is causing no end of issues in that one.).
You can't unilaterally sign a contract on your own account - it would need both parties to agree to it to make it legally binding. The failure to read a contract before you sign it is not regarded as a defence in contract law therefore the signing of the September contract is almost certainly a valid contract.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
HampshireH wrote: »So karmetis. Are you saying you have a signed copy which reads June that you would be provided as evidence to the contrary :cool:
Were you ever given a copy of the September One?
She seems to be saying she can just print one off and sign it - not a good idea.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
I was just saying that, I don't mean signing it. At the end of the day it's quite a tricky situation here, but if it is going to be discussed in court, they have September signed contract,I have all the emails saying otherwise.
I don't know how much of that is true,but solicitor said emails act as any other form of document in court and can be binding, too. Which in our case I think is.
Could you imagine what kind of mess we would have caused if we moved without even informing anyone based on that email?0 -
I do think the estate agent is in the wrong here and I think you would stand a chance at winning, but the problem is you'll have to go to court first and it's time consuming and expensive. These things are much better sorted out of court.
Have you been in person to the estate agent? My first step would be to go to the estate agent with print outs of the email, ask to speak to the manager and tell them what you've been advised by your solicitor. Make it clear that you've taken legal advice.0 -
dirty_magic wrote: »I do think the estate agent is in the wrong here and I think you would stand a chance at winning, but the problem is you'll have to go to court first and it's time consuming and expensive. These things are much better sorted out of court.
Have you been in person to the estate agent? My first step would be to go to the estate agent with print outs of the email, ask to speak to the manager and tell them what you've been advised by your solicitor. Make it clear that you've taken legal advice.
Exactly - I have no doubt what was intended by the OP and what has happened but as you say, proving it without great time and expense is the problem. Refuting a signed contract is very difficult.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
That's the biggest problem, they are trying to make me stay because they forgot to tell the landlord and she has things planned till September otherwise I don't think it would be a problem.
On the other hand I have paid the deposit towards other property and moving in it on 9th June. For me to stay is a loss straight away, who is going to pay for a new let if I stay here. I rather stick to the point and prove myself right than let estate agents step on my head.
What the hell, I'll borrow the money for legal services,because estate agents shouldn't be doing that.0
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