Estate Agents vs Landlord

Debbie1988

Hi, I wonder if anyone can help me? I was due to move into a rented property today, however the estate agent called me yesterday and advised the Landlord has now decided to sell the property, therefore we are unable to move in. Obviously with the short notice we are all packed, hired removal firms for today, bought decorating tools, taken annual leave etc. 
The major problem we are having is with the estate agents. I have raised a complaint with them, however they are fobbing us off saying we need to complain to the Landlord as our contract is with them. Does anyone know if this is correct? What part do the Estate Agents actually play in this? The Estate Agents have refunded all monies paid for the bond, rent etc and have apologised (halfheartedly). They are being very unhelpful with our complaint. I placed a review on their Facebook page and was threatened with being taken to court for Slander.
I have spoken to Citizens Advice and they confirmed we need to keep pushing to the estate agent as they are who the contract was with.
Can anyone give us any advice on this?  

Comms69

Have you signed a tenancy agreement?

You have no contract with the agents, ever. But you might with the landlord. 

Debbie1988

Hi,
We were due to do that today when we got the keys, however paid the bond/rent up to 1st September. We have it in writing that the Landlord had agreed to allow us to rent.
Thank you

grumiofoundation

As above - if you have signed a contract with the landlord named in this contract is responsible.

Debbie1988

Ok thank you. No contracts have been signed - i think thats where they are going to get us. Do you know the correct person to raise a complaint with? Do i do this via the Estate Agents? Is there anyone else we can complain to?
Citizens Advice advised we need to do this via the estate agents.
Thank you for your help!

princeofpounds

It's highly unlikely your contract is with the estate agents, so in that respect Citizen's advice are giving you poor advice.

To be sure, look at your rental contract - it should list the landlord as your counterparty. The agent may prepare and theoretically even sign the contract and deal with you in their capacity as an *agent* for the landlord, but they are not responsible to you. They have their own contract with the landlord to provide these services.

To be clear - do you have a signed copy of the tenancy agreement and have you paid any money over?

The basic situation here, in my understanding, is that you have a contract with the landlord, but have not established a tenancy (which would give you a whole other set of rights). So what you can do is sue the landlord for breach of contract and claim your losses. That includes the wasted expense of removals, arranging alternative accommodation and so on, so keep your receipts and all evidence! If it's under £10k in total you can use the small claims process. Step 1 would be a letter before action to the landlord, potentially then moving to a negotiated settlement or the court process. But don't delay too long - one of the most powerful ways you would have of enforcing a judgement would be to place a charging order on his property, which will stop him selling. I doubt you would be able to achieve it in time, but it's possible. Hopefully however you can reach a settlement.

Comms69

Debbie1988 said:

Ok thank you. No contracts have been signed - i think thats where they are going to get us. Do you know the correct person to raise a complaint with? Do i do this via the Estate Agents? Is there anyone else we can complain to?
Citizens Advice advised we need to do this via the estate agents.
Thank you for your help!

No -one, no complaint to be made.

Debbie1988

princeofpounds said:

It's highly unlikely your contract is with the estate agents, so in that respect Citizen's advice are giving you poor advice.

To be sure, look at your rental contract - it should list the landlord as your counterparty. The agent may prepare and theoretically even sign the contract and deal with you in their capacity as an *agent* for the landlord, but they are not responsible to you. They have their own contract with the landlord to provide these services.

To be clear - do you have a signed copy of the tenancy agreement and have you paid any money over?

The basic situation here, in my understanding, is that you have a contract with the landlord, but have not established a tenancy (which would give you a whole other set of rights). So what you can do is sue the landlord for breach of contract and claim your losses. That includes the wasted expense of removals, arranging alternative accommodation and so on, so keep your receipts and all evidence! If it's under £10k in total you can use the small claims process. Step 1 would be a letter before action to the landlord, potentially then moving to a negotiated settlement or the court process. But don't delay too long - one of the most powerful ways you would have of enforcing a judgement would be to place a charging order on his property, which will stop him selling. I doubt you would be able to achieve it in time, but it's possible. Hopefully however you can reach a settlement.

Hi, Thanks for your reply! We haven't actually signed a contract. Would this still stand?
Thank you

princeofpounds

My previous reply was cross-posted so I wasn't aware that you hadn't actually signed the tenancy agreement yet. However, if you have it in writing that the LL will rent to you, and they accepted money from you, then you may still have a claim. Perhaps others will have input on that point.

I don't know why people accept not signing TAs until the last minute...

Debbie1988

We have it in writing and everything was in place. Its my first time renting so don't have a clue about any of it! Thank you so much for your help!

Comms69

Debbie1988 said:

We have it in writing and everything was in place. Its my first time renting so don't have a clue about any of it! Thank you so much for your help!

You dont have a contract. It's basically as simple as that. You 'paid' money, in the sense you transferred it in anticipation of a contract.