Private landlord issue urgent

dimbo61

I have used Gumtree a number of times to find tenants so not every advert on gumtree is a Scam !

m0bov

Scammed.........

Stuportsmouth

Hi sorry been really busy no it wasn't through gumtree.
I met the guy through openrent he has returned all fees to correct and relevant places.
However due to 3 weeks of disruption and then making a contract between us via the details that he requested like landlord ref and details of all he had been paid the security deposit to secure tenancy which he never gave any receipts for.

Point im getting at here is I technically have a legally binding contract or terms thats been set out via txt message therefore am looking to sue for damages due to disruption fees lost booking a van and emotional distress to my children 1 of who is 17 severe learning difficulties with autistic traits with a mental capacity of 12.

He asked me to arrange broadband install change schools college etc when he had all intentions of renting and had even agreed on Friday saying are you ready to move in today as we've completed our sell.
He then asked for all names to be added to tenancy so we could go up and sign then after this is attempts to change terms.

What I've been reading is basically he should never of taken security deposit without being confident he would issue a tenancy. Along with then getting me to give notice on my current property and swapping schools etc and broadband.
Now due to this we basically have a verbal written contract via sms and shows at no point that we would need a garantoor credit checks etc as we explained our full situation to him seei g as payment cleared for security deposit on 1st Nov and that when he originally said we could move in im looking to sue for breach of pre arranged verbal tenancy on the grounds of his further term change after as he should never of provided the bank details for security deposit of he had no intentions of renting any advice on how much I can claim greatlg appriciated.

diggingdude

why didn't you ask your real question the other day?

GDB2222

Stuportsmouth wrote: »

Hi sorry been really busy no it wasn't through gumtree.
I met the guy through openrent he has returned all fees to correct and relevant places.
However due to 3 weeks of disruption and then making a contract between us via the details that he requested like landlord ref and details of all he had been paid the security deposit to secure tenancy which he never gave any receipts for.

Point im getting at here is I technically have a legally binding contract or terms thats been set out via txt message therefore am looking to sue for damages due to disruption fees lost booking a van and emotional distress to my children 1 of who is 17 severe learning difficulties with autistic traits with a mental capacity of 12.

He asked me to arrange broadband install change schools college etc when he had all intentions of renting and had even agreed on Friday saying are you ready to move in today as we've completed our sell.
He then asked for all names to be added to tenancy so we could go up and sign then after this is attempts to change terms.

What I've been reading is basically he should never of taken security deposit without being confident he would issue a tenancy. Along with then getting me to give notice on my current property and swapping schools etc and broadband.
Now due to this we basically have a verbal written contract via sms and shows at no point that we would need a garantoor credit checks etc as we explained our full situation to him seei g as payment cleared for security deposit on 1st Nov and that when he originally said we could move in im looking to sue for breach of pre arranged verbal tenancy on the grounds of his further term change after as he should never of provided the bank details for security deposit of he had no intentions of renting any advice on how much I can claim greatlg appriciated.

When I advertised a property through Openrent, they asked for proof of ownership of the property. So, there's a chance the LL is genuine and you'll get your money back. That's the good news.

The bad news is that there may be a good reason why you can't move in. For example, the old tenants may not have vacated on time. There's nothing the LL can do about that in the short term. It could take him 9 months to get them out.

You may be right that you have a contract, and you can try suing for damages. But, that won't get you into the property, which is what you really want. It's really annoying that the LL is not communicating.

G_M

Stuportsmouth wrote: »

I met the guy through openrent he has returned all fees to correct and relevant places.


Point im getting at here is I technically have a legally binding contract or terms thats been set out via txt message therefore am looking to sue for damages due to disruption fees lost booking a van and emotional distress to my children 1 of who is 17 severe learning difficulties with autistic traits with a mental capacity of 12.
So you are planning to claim this.

Please specify exactly how much for each aspect of the claim.


He asked me to arrange broadband install change schools college etc when he had all intentions of renting ....

What I've been reading is basically he should never of taken security deposit without being confident he would issue a tenancy.
Correct. But he's returned now yes?

An offer of accomodation was made.
Advance rent was paid.
A contract was formed.
Yes you can sue for breach of contract and claim your consequential losses.Please specify them.

Stuportsmouth

A friend of mine who has a degree in law stated that he has breached the contract aswell and therefore I have submitted the claim to small claims.
On registering they said that if a judge thinks what I'm requesting is too high then they could adjust to what they feel is relevant.
I have placed £2800 for breach of contract then applied £40 for fuel for visits i made and a further £40 for food and drink for me my wife and children which is what it cost.
However whats the worst that can happen a judge say that's too high and award lower im hoping that the person fails to contest and therefore get a default on it and can proceed to ccj and enforcement then I know even once paid he has 2 weeks to appeal.
However in the event he does take to hearing I only have a hearibg charge of £145 and the submittal charge that's already paid of £105 so not a huge dent in my pocket hopefully we can resolve it.
Also there are no tenants in the house it was empty and also conducted a land registry search and shows in the previous rental company's name who had the agreement with mod to lease back homes to military personal on a 10 year lease thats now expired so there is no ammicable reason to why he won't let us in the house.

GDB2222

If you have it all sorted out, why have you posted? Do you have any queries?

m0bov

What is the £2800 for? Are these costs you incured? You cant claim "compo", only cover your out of pocket costs.

Stuportsmouth

I originally come here for help however a friend then helped me on fb who has a law degree.
However the costs I am claiming is for losing a house which I had passed all checks but was smaller which is why we took the ither house but due to giving notice on my current property I am due to vacate by the end of Nov so again with that the children's school applications being messed about and then the fact my whole house is packed etc I am claiming to these values as he has breached the contract terms we had agreed.
Which I feel is sufficient for all issues he has caused etc please advise if you think this is wrong but a judge has final say if he says its not allowed to be that high he will change to what he feels is sufficent if I'm correct.