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justwhat

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anselld

Complain to the letting agent and then to the agent's redress scheme and seek and seek reimbursement of out-of-pocket expenses.  However, there is very little they can do beyond that if it is true that the flat is not habitable;  the contract is "frustrated".

justwhat

The agent supposedly got an email the night before from the LL to say it was structurally unsafe. We have requested a copy of the structural survey. 

The Owner has said to them that he intends to sell it because its not worth fixing.(all smells a bit fishy to me). And will not be renting it out again. (i assume this is an attempt to avoid liability)

justwhat

just looked at tenancy states it start on 30th and keys can be collected at agents office at 10

macman

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

justwhat

macman said:

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

That was more or less my understanding.

 Surely the contract is with the agent. And the agent should take it up with the LL. Someone in the chain should also be insured for this event?

The agent has just emailed and has suggested  we cancel the tenancy. give us 100 pounds for 1 night in a hotel. And compensation for removal costs.   (never said "as a goodwill gesture" at all, was surprised lol ) 

user1977

justwhat said:

macman said:

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

Surely the contract is with the agent.

No, that's the whole point of being somebody's agent - they contract on behalf of their client. The contract is between the landlord and tenant.

justwhat

user1977 said:

justwhat said:

macman said:

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

Surely the contract is with the agent.

No, that's the whole point of being somebody's agent - they contract on behalf of their client. The contract is between the landlord and tenant.

i always thought agents took responsibility for the rental. ...seem a bit pointless the LL using an agent in the first place lol  

MaryNB

justwhat said:

macman said:

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

That was more or less my understanding.

 Surely the contract is with the agent. And the agent should take it up with the LL. Someone in the chain should also be insured for this event?

The agent has just emailed and has suggested  we cancel the tenancy. give us 100 pounds for 1 night in a hotel. And compensation for removal costs.   (never said "as a goodwill gesture" at all, was surprised lol ) 

Sounds like they know the landlord is liable but by throwing you a bone you'll agree to cancel the tenancy, thinking the £100 for a night in a hotel and removal costs is as good as you'll get. Letting agents aren't known for dishing out goodwill gestures. I'd also be suspicious of this "structural issue". 

MaryNB

justwhat said:

user1977 said:

justwhat said:

macman said:

If she has a signed tenancy contract then the LL must provide the accommodation, or arrange an alternative to the same standard. They can't just say 'sorry, no longer available'!
It's nothing to do with the LA: her contract is with the LL, and I would start with an LBA to the address on the TA if he won't engage.

Surely the contract is with the agent.

No, that's the whole point of being somebody's agent - they contract on behalf of their client. The contract is between the landlord and tenant.

i always thought agents took responsibility for the rental. ...seem a bit pointless the LL using an agent in the first place lol  

A landlord can assign tasks to the agents (e.g. sorting paperwork and repairs) but cannot assign liability. If the agent doesn't do something correctly that's between them and the landlord. If legal requirements relating to the tenancy have not been fulfilled (e.g. protecting the deposit) the landlord is liable. 

MobileSaver

justwhat said:

The agent supposedly got an email the night before from the LL to say it was structurally unsafe. We have requested a copy of the structural survey. 

The Owner has said to them that he intends to sell it because its not worth fixing.(all smells a bit fishy to me). And will not be renting it out again. (i assume this is an attempt to avoid liability)

You may be correct but a lot will hinge on what the structural survey actually says.

If the property is genuinely unsafe and the repairs are likely to take longer than the period (6 months or whatever) your daughter signed up to then as others have said the contract will be "frustrated" -  the intention was for your daughter to live there for (say) six months but this is now no longer possible due to a supervening* event so both parties get to withdraw from the contract without penalty.

However, if the property could be repaired in say two months meaning your daughter could live there for the remaining four months then the contract is not frustrated and the landlord is liable for providing accommodation for the two months that the repairs take. (The fact that the owner doesn't want to pay for repairs then becomes their problem, not your daughter's, as they will be liable for your daughter's accommodation until the repairs are done.)

* supervening means an unexpected event that occurred completely independently of everything else. (So, for example, the owner deliberately causing damage to the property in a bid to get out of their obligations would not count.)