Lost deposit due to letting agency

qazzaq2004

Hi,

I was scheduled to move in to a property this Saturday 18th, with written confirmation from the letting agent. As such I paid a removal company to move my contents for that day. All of this was completed without final exchange of contract however, and I continued to chase this up over this. They have just informed me that they are unable to produce a contract as they do not have an up to date EPC. Which has resulted in them telling me that I will not be able to move in for the 18/08 and therefore has resulted me in forfeiting the payment to the moving company.

When I first signed the right to let agreement with the letting agency I asked for them to present me with an EPC, which was not originally sent to me. I received a copy and after that I signed the right to let. I feel hard done by the letting agency as they have cost me extra money due to my lost removal company payment as well as all the stress and time with it.

Is there anything I can do to get them to cover my lost costs? I know I did no sign a formal contract but all of this was planned as they had confirmed in writing that I would be able to move in on 18/08.

G_M

qazzaq2004 wrote: »

I was scheduled to move in to a property this Saturday 18th, with written confirmation from the letting agent.
.......

Is there anything I can do to get them to cover my lost costs? I know I did no sign a formal contract...

Please provide full details.

lisyloo

Is there anything I can do to get them to cover my lost costs?

Have you asked them?
What did they say?

PasturesNew

If you can get them on side, you could try to get them to allow you to move in .... an EPC is a legal requirement, but at the "common sense" end of things, sometimes people can just be talked into things.

It was their job to ensure an EPC existed before they marketed the property (existed can mean "is booked for somebody to come and do it") ... so what's the situation?

If there's an old one, they do last 10 years (I think) ... so how come it's never had one before? What's the date on the one you had/saw?

qazzaq2004

When the property was being advertised I was presented with an EPC dated 02/08/2008, this was given to me on 23/07/2018. At the time I did not know they expire after 10 years. As such, I signed the right to rent agreement (Townends require this to take the property off the market). I have been waiting on the contract since then and have been informed that as the new EPC is still not with them, they cannot issue me with a contract and therefore will not be able to move my belongings.

I had hired a moving company to move me in for the 18th, as even though I did not have a contract signed, I did have in writing that the 18/08 would be my moving date. However, as I am not able to move in, I have no lost my non-refundable deposit.

I asked the letting agent to cover the costs but they said they would not do this as there was no contract signed. Do I have any footing to stand on, as I do have written confirmation that my move in would be the 18/08?

I also did ask if I could at least just move my belongings into the property as that way I wouldn't lose out on my deposit but they said that would not be possible without a signed contract. Edit: Should I escalate this above the letting agent I am dealing with, managers?

System

If you took this to the small claims court there is every chance you would win, the reason the agent is not allowing you to move in is that they have to give a valid EPC to you when you sign contract.


This does sound like an oversight and they should have checked the EPC when they started to advertise the property. Possible worth writing to the business owner if an independent or the complaints team if a corporate.