Breach of tenancy contract?

Jadiebeth

Looking for some help, its a long story so settle in...

We found a flat we loved and it worked out because the move in date was two weeks before we were due to leave, nice overlap.

We paid the holding deposit, passed the references, signed the dated contract and paid the deposit and one month's rent. 

Me and my partner started packing up. Then the Saturday before we got the keys on Monday, the estate agent called. The previous tenant had left his stuff and they couldn't get in contact with him. They assured us they would get it sorted and serve him notice but that we probably wouldn't get the keys on the Monday. We said thats okay, we have some overlap, get back in contact with us Monday. 

They did not contact us Monday, I called and asked for someone to call me and they didn't. The next morning one of the staff calls me and said the tenant isn't leaving and said that it was out of their hands but they would send us an alternative property. I said I would call them back shortly as I was at work. The property they sent was a later moving date, unfurnished (we had furnished) and more money. The managing director called back half an hour later and explained the pervious tenant wanted to leave early so they'd set us up but now the tenant did not want to move. I asked what our options were and he said none. I said youve breached our contract and he laughed and said no he hadn't. My partner who is annoyed at this told them to refund all out money immediately as we needed to find ultimately accommodation in a week and a half. I asked for their complaints procedure to take this further.

They have refunded our money and we have found another place. But we are extremely out of pocket as our new property isn't available until October. Weve both had to move to our parents (pay rent), commute into London for work, pay for storage and have had to pay termination charges for broadband as we had already agreed a years contract. Not to mention all the stress this has caused us.

I have written to them to complain, my question is. Do I have rights to claim compensation?

Slithery

Did they ever sign the contract? If they did then yes, you can claim compensation. If they didn't then no, you can't.

Until it is signed by both parties there is no contract.

canaldumidi

Jadiebeth said:

........The managing director called back half an hour later and explained the pervious tenant .......did not want to move.......

This is unfortunately a common Catch 22 scenario.

No sensible LL will sign a tenancy agreement with a new tenant till he is sure the existing tenancy is going to end. If he did and (as here) the existing tenant remained and existing tenancy continued, the LL would be liable for breach of contract with the proposed incoming tenant.

And as LLs cannot bring a tenancy to an end (only a court or a tenant can do that), LLs have no option but to wait till the existing tenant has actually left before signing a new contract.

That, of course, is highly unsatisfactory so far as the prospective tenant (you) is concerned. You want advance certainty that your new home will be available in 1, 2 3 whatever weeks time,so you can plan your life.

But I'm afraid that is how the law works.

So as slithery asks above, "Did they ever sign the contract"? If yes, then....foolish landlord and yes they are liable. If no, sensible LL and they are not liable.

Jadiebeth

Thank you both for your replies. We have a signed and dated tenancy, which our landlord has signed.

The current tenant is a "footballer" who the estates agents "wanted to do a favour for" and help him leave the tenancy agreement earlier.

MaryNB

In that case your landlord is a moron up a creek without a paddle. They are legally obliged to provide you with accommodation from the start of the tenancy.

canaldumidi

Jadiebeth said:

Thank you both for your replies. We have a signed and dated tenancy, which our landlord has signed.

In that case you can claim your reasonable alternative accommodation costs (eg hotel), meals out (since you can't cook), and any other costs directly resulting from the breachof contract.

Keep all receipts.

Make a claim in writing headed "Letter Before Action".

Jadiebeth

Is it the LL we need to contact in regards to this? As they are the ones who signed the contract? 

canaldumidi

Yes. You (ultimately) sue the landlord.

So address it to him. I doubt you have his address (??) so send it c/o the agency.

Send a copy to the agent as well.

Enclose a copy of the tenancy agreement with his signiture and refer to it in your letter so he gets the message clearly!

If he has any sense (seems like he hasn't!) he'll make you an offer to keep the matter out of court.

Jadiebeth

Thank you all for your help. I have managed to find the landlords email address so I will contacting her.

I think we are slightly out of our depth as it turns out that it is a radio 1 presenter!! But I've got nothing to lose currently

HampshireH

Jadiebeth said:

Thank you all for your help. I have managed to find the landlords email address so I will contacting her.

I think we are slightly out of our depth as it turns out that it is a radio 1 presenter!! But I've got nothing to lose currently

Then they won't want the press coverage when you go to the Sun about your dodgy landlord who left you homeless and on the streets😏

justwhat

https://forums.moneysavingexpert.com/discussion/6279488/letting-agent-cancelling-tenancy-on-day-of-entry/p1

Follow the agents complaint procedure. Take the issue up with the agent initially. 

its either contractual issue or a tenancy issue provided you have a signed tenancy.