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What are my rights with letting agent?
Tinytim10
Posts: 5 Forumite
Hi all!
I have recently been to view a flat with my girlfriend, everything had gone perfectly, we had applied for it, had all references done, been accepted and PAID DEPOSIT, AGENCY FEES + FIRST MONTHS RENT and any other fees to a total of roughly £1600.
We have now been told that we may not be able to move into the flat because the property is owned by a company on a leasehold who have a strict no pets policy. The landlord of the particular property has said that they have no problem with our cat, and we checked before we applied for the flat that the cat would be allowed and we were told yes.
We have begun packing up all of our stuff ready to move next week and my girlfriend got a phone call today saying that the leaseholders are being stubborn with the landlord, despite them saying that the rule mostly applies to dogs and the noise they create.
If the leaseholders do not send over in writing to the landlord that we are allowed to have our cat at the property, then we will not be allowed to move in.
Where do myself and my girlfriend stand here? We will be absolutely gutted/fuming if we don't get the flat because it's absolutely perfect for us and a major upgrade from our current flat. As stated previously, we've paid all deposits/fees etc. and have done the majority of our packing ready to move.
Any advice/help is truly appreciated!
I have recently been to view a flat with my girlfriend, everything had gone perfectly, we had applied for it, had all references done, been accepted and PAID DEPOSIT, AGENCY FEES + FIRST MONTHS RENT and any other fees to a total of roughly £1600.
We have now been told that we may not be able to move into the flat because the property is owned by a company on a leasehold who have a strict no pets policy. The landlord of the particular property has said that they have no problem with our cat, and we checked before we applied for the flat that the cat would be allowed and we were told yes.
We have begun packing up all of our stuff ready to move next week and my girlfriend got a phone call today saying that the leaseholders are being stubborn with the landlord, despite them saying that the rule mostly applies to dogs and the noise they create.
If the leaseholders do not send over in writing to the landlord that we are allowed to have our cat at the property, then we will not be allowed to move in.
Where do myself and my girlfriend stand here? We will be absolutely gutted/fuming if we don't get the flat because it's absolutely perfect for us and a major upgrade from our current flat. As stated previously, we've paid all deposits/fees etc. and have done the majority of our packing ready to move.
Any advice/help is truly appreciated!
0
Comments
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I think you're getting confused with your terminology.
"The landlord" would normally be the leaseholder, the person who owns the flat.
I think you mean the freeholder - the company who own and run the block - are the ones who have an issue with pets.
If your landlord allows you to have the cat there, he is in breach of his lease.0 -
Hi all!
I have recently been to view a flat with my girlfriend, everything had gone perfectly, we had applied for it, had all references done, been accepted and PAID DEPOSIT, AGENCY FEES + FIRST MONTHS RENT and any other fees to a total of roughly £1600.
We have now been told that we may not be able to move into the flat because the property is owned by a company on a leasehold who have a strict no pets policy. The landlord of the particular property has said that they have no problem with our cat, and we checked before we applied for the flat that the cat would be allowed and we were told yes.
We have begun packing up all of our stuff ready to move next week and my girlfriend got a phone call today saying that the leaseholders are being stubborn with the landlord, despite them saying that the rule mostly applies to dogs and the noise they create.
If the leaseholders do not send over in writing to the landlord that we are allowed to have our cat at the property, then we will not be allowed to move in.
Where do myself and my girlfriend stand here? We will be absolutely gutted/fuming if we don't get the flat because it's absolutely perfect for us and a major upgrade from our current flat. As stated previously, we've paid all deposits/fees etc. and have done the majority of our packing ready to move.
Any advice/help is truly appreciated!
Signed a tenancy agreement yet?
In essence you do not have a tenancy. You have a contract. So you do not have the right to move in. BUT you do have the right to a full refund AND potentially recovering any associated costs.0 -
Apologies, yes. I was going off the very vague description my girlfriend had given me. I have since clarified the following:
- Where I referred to a leaseholder I meant freeholder, leaseholder is landlord
- I have signed some paperwork, but I think that was just an application form to be honest and no actual contract.
- The freeholders have previously permitted cats to others who have rented0 -
Apologies, yes. I was going off the very vague description my girlfriend had given me. I have since clarified the following:
- Where I referred to a leaseholder I meant freeholder, leaseholder is landlord
- I have signed some paperwork, but I think that was just an application form to be honest and no actual contract.
- The freeholders have previously permitted cats to others who have rented
Right, suggest you start looking elsewhere. And ask for a refund today.0 -
If you have no contract, you have no contract.- I have signed some paperwork, but I think that was just an application form to be honest and no actual contract.
The deposit and first month's rent should, obviously, be refunded in full, since you have never had a tenancy on that property. The best you can hope for is a goodwill refund of the application fees, but you have no legal right. You applied, you were not accepted. You were given the information in good faith, based on previous experiences and knowledge, but the position has since changed through no fault of the agent or landlord's.
And the results of that previous leniency may well be why the freeholders are now being stricter in holding the leaseholder to the letter of their lease...- The freeholders have previously permitted cats to others who have rented0 -
If you have no contract, you have no contract.
The deposit and first month's rent should, obviously, be refunded in full, since you have never had a tenancy on that property. The best you can hope for is a goodwill refund of the application fees, but you have no legal right. You applied, you were not accepted. You were given the information in good faith, based on previous experiences and knowledge, but the position has since changed through no fault of the agent or landlord's.
And the results of that previous leniency may well be why the freeholders are now being stricter in holding the leaseholder to the letter of their lease...
Actually I disagree about the fees. Whether the freeholders misled the agent / landlord is irrelevant. the contract was between agent and tenant at point of application.0 -
The agent contracted to perform the various checks (references, financial), and submit the results to the landlord for approval. They did that.0
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The agent contracted to perform the various checks (references, financial), and submit the results to the landlord for approval. They did that.
Yes but the application would not have gone ahead had they not provided this information. Mistaken or not. The consumer is entitled to rely upon it.
Also it's clear the landlord did accept the tenant.0 -
The landlord initially accepted the tenant, yes, but then changed their mind when it became clear that it wouldn't be possible.
The information the agent gave about pets being acceptable was accurate, to the best of their knowledge, at the time it was given. It has since become inaccurate due to the decision of a third party to change their mind on previously-understood informal leniency in enforcing the terms of the lease.0 -
The landlord initially accepted the tenant, yes, but then changed their mind when it became clear that it wouldn't be possible. - But that is not the OPs problem.
The information the agent gave about pets being acceptable was accurate, to the best of their knowledge, at the time it was given. and as a consumer the OP is able to rely upon that. It has since become inaccurate due to the decision of a third party to change their mind on previously-understood informal leniency in enforcing the terms of the lease.
We can agree to disagree, but I believe this post is suitably similar to provide some professional guidance:
https://www.landlordlawblog.co.uk/2018/12/13/can-tenant-end-tenancy-furniture-shown-property-ads-provided-tenancy/0
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