Estate Agents vs Landlord

macman

So quantify your losses and send the LL an LBA. Please stop constantly referring to the agent, it is nothing to do with them, they are employed by the LL and represent his interests, not yours. You have no contract with them, and no claim against them.
I fail to see why your LL should not provide a good reference assuming you have explained the circumstances, I just hope that he is wiling to void your notice, which he is not obliged to do.

greatcrested

Debbie1988 said:

to be honest i know its not going to get me the house, i just want my complaint heard. I don't think the way this has happened is fair at all - whether that be from the Landlord or the Estate Agency - at the end of the day i was meant to be moving today. The stress and anxiety this has caused has been horrific - i wouldn't wish it on my worst enemy!
I have lost money which should be reimbursed as none of this is my fault. I am nervous about having to retract my notice with my current landlord. This may not go down favorably and may jeopardize future references from them!

You need to be clear in your own mind which of these (or both?) is your aim.

An internal complaint via the agent's complaints procedure, followed if necessary by referral to the relevant ombudsman, would achieve the former, but not the latter.

* The Property Ombudsman
* Property Redress Scheme

A claim directed at the landlord for your quantifiable costs form this, initially via a LBA and then via moneycalim online would achieve the latter, if successful.

It was confirmed via email with the estate agents on the 9th June stating "I have just got the go ahead with the Landlord, when would you like to move in'. We then had discussions about the move in date, handing the keys over and if we were able to decorate. Nothing was mentioned about signing a contract. 

We paid the bond, and pro rata'd rent from today to to the first September, when the rent would commence monthly afterwards.

As others have said, this could well constitute a contract. My instinct is that it does, but that will only be known when it comes before a court, and the court may decide it does not form a contract.

SouthLondonUser

This is precisely why I find it bonkers to pay any money without holding a countersigned contract, and/or to wait till the moving date to actually get the contract. I raised this point a while ago, in a separate thread in which I dared say that I wanted to pay the first rent only after receiving a countersigned contract, and loads of people had a go at me saying that I was unreasonable, that I was paranoid, that no landlord should want to deal with me, etc. Yet this is precisely why I said what I said, to avoid situations like this.

Debbie1988

SouthLondonUser said:

This is precisely why I find it bonkers to pay any money without holding a countersigned contract, and/or to wait till the moving date to actually get the contract. I raised this point a while ago, in a separate thread in which I dared say that I wanted to pay the first rent only after receiving a countersigned contract, and loads of people had a go at me saying that I was unreasonable, that I was paranoid, that no landlord should want to deal with me, etc. Yet this is precisely why I said what I said, to avoid situations like this.

I know this now :-(! I never thought this would happen from a repeatable company, but I guess that’s what I get for being so naive! 

ThePants999

You're still talking about the company, presumably meaning the agency. As macman said, but a bit more forcefully: forget about the agency forget about the agency forget about the agency forget about the agency. They've been nothing more than a conduit for communication with the landlord. They have acted under instruction from the landlord, and you presumably know nothing about how reputable the landlord was.

Marshaltown

From what's been stated above and my fuzzy knowledge of Contract Law from Uni many years ago a contract is formed when the following exist:
1. Offer.
2. Acceptance.
3. Consideration. (Deposit paid etc in this case).
4. Intention to create Legal relations. (A Tenancy in this case).
It seems to me a Contract does exist with the Landlord and it has been breached.

Therefore any damages incurred by this breach are recoverable.

Debbie1988

Marshaltown said:

From what's been stated above and my fuzzy knowledge of Contract Law from Uni many years ago a contract is formed when the following exist:
1. Offer.
2. Acceptance.
3. Consideration. (Deposit paid etc in this case).
4. Intention to create Legal relations. (A Tenancy in this case).
It seems to me a Contract does exist with the Landlord and it has been breached.

Therefore any damages incurred by this breach are recoverable.

Thank you so much for your help!!

SouthLondonUser

OP, if I were you I would try to be practical. Realistically, the landlord is not going to rent you the property, right? So:

• Your first priority needs to be finding another place to live. Be diligent in documenting all the extra costs you will be incurring for that, including the cost of time taken off work.
• After you have found another place to live, consider filing a claim at the small claims court to recover your costs.. If you are not familiar with it, look it up. I used it many moons ago, when there was no deposit protection scheme, to sue a landlord who stole my deposit (and was stupid enough to refund me with a bounced cheque, against which there is basically no defence).
• Before you file a claim, try to understand if what you had can constitute a contract. Try the Citizen Advice Bureau, or even try asking a solicitor: it shouldn't take a solicitor too long and, even if it costs you £100-200, I would consider that money well spent, if your circumstances allow (of course I appreciate I know nothing about your financial situation)
• I honestly don't know if you can claim for the stress etc, but you should be able to claim for clearly documented costs, like stuff in storage, etc.

Do let us know how this ends. I am particularly curious to know if what you had can be considered a contract or not.

Debbie1988

SouthLondonUser said:

OP, if I were you I would try to be practical. Realistically, the landlord is not going to rent you the property, right? So:

• Your first priority needs to be finding another place to live. Be diligent in documenting all the extra costs you will be incurring for that, including the cost of time taken off work.
• After you have found another place to live, consider filing a claim at the small claims court to recover your costs.. If you are not familiar with it, look it up. I used it many moons ago, when there was no deposit protection scheme, to sue a landlord who stole my deposit (and was stupid enough to refund me with a bounced cheque, against which there is basically no defence).
• Before you file a claim, try to understand if what you had can constitute a contract. Try the Citizen Advice Bureau, or even try asking a solicitor: it shouldn't take a solicitor too long and, even if it costs you £100-200, I would consider that money well spent, if your circumstances allow (of course I appreciate I know nothing about your financial situation)
• I honestly don't know if you can claim for the stress etc, but you should be able to claim for clearly documented costs, like stuff in storage, etc.

Do let us know how this ends. I am particularly curious to know if what you had can be considered a contract or not.

SouthLondonUser said:

OP, if I were you I would try to be practical. Realistically, the landlord is not going to rent you the property, right? So:

• Your first priority needs to be finding another place to live. Be diligent in documenting all the extra costs you will be incurring for that, including the cost of time taken off work.
• After you have found another place to live, consider filing a claim at the small claims court to recover your costs.. If you are not familiar with it, look it up. I used it many moons ago, when there was no deposit protection scheme, to sue a landlord who stole my deposit (and was stupid enough to refund me with a bounced cheque, against which there is basically no defence).
• Before you file a claim, try to understand if what you had can constitute a contract. Try the Citizen Advice Bureau, or even try asking a solicitor: it shouldn't take a solicitor too long and, even if it costs you £100-200, I would consider that money well spent, if your circumstances allow (of course I appreciate I know nothing about your financial situation)
• I honestly don't know if you can claim for the stress etc, but you should be able to claim for clearly documented costs, like stuff in storage, etc.

Do let us know how this ends. I am particularly curious to know if what you had can be considered a contract or not.

We’ve been looking all day - that’s our main priority as we’re in a sticky situation - thankfully we have a week or so left from our notice so hoping to find somewhere sharpish! 
Thank you so much for your help - I’ll let you guys know any updates 👍🏼

greatcrested

Marshaltown said:

From what's been stated above and my fuzzy knowledge of Contract Law from Uni many years ago a contract is formed when the following exist:
1. Offer.
2. Acceptance.
3. Consideration. (Deposit paid etc in this case).
4. Intention to create Legal relations. (A Tenancy in this case).
It seems to me a Contract does exist with the Landlord and it has been breached.

The contract must include 'consideration', but payment can be in the future.