LL pulls out of Tenancy 24 hours before actual move-in date! Any advice, please?

Mystic_CT

My son and his girlfriend were due to move into their new rental property on Wednesday 29 March. The rental contract was signed by them and the LL on 21 March, 2023. They paid one month's rent of £1050 plus five weeks equivalent of rent as their Deposit on 21 March. My son was contacted today (Monday 27 March) by the LA who informed them that the LL did not want to pay for the electrical work required to be carried out on her property and is pulling out. Both of them are moving almost 200 miles due to begin their new jobs on Monday 3rd April. It's a nightmare start to their new life. 

macman

Then they can sue for breach of contract, and certainly should. Full return of rent paid, deposit, all fees and compensation for extra costs incurred.  Based on what you have said, the LL has no defence.
If the electrical work is necessary in order to obtain an EIRC, she will not be able to let the property to anyone else, so what is the logic behind this? She can change her mind about letting it altogether, but if she does so after signing the contract, she must accept the penalty.

Annisele

Assuming this is England/Wales, I believe the tenancy won't have started yet - but this is still covered by general contract law.

Is your son absolutely certain that the LL signed the contract? If so, I'd suggest he get in touch with the LL, copying in the LA, and explain that the LL is in breach of contract and that he intends to sue for his losses. He might also want to ask for the LA's help in finding alternative accommodation so he can ensure those losses are as small as possible.

They might also want to seek advice from Shelter (if they can get in touch with them), or pay for a solicitor.

Mystic_CT

Thank you macman and Annisele for your replies. As you can imagine, my son was somewhat shell-shocked and I heard from him earlier this evening. He said he has has sight of the rental contract/agreement with the LL's signature on it. So, this is what surprises me the most. Does the LL and LA think they can get away with this? Perhaps they're banking on my son and girlfriend not being able to afford a solicitor/ don't know where to begin/haven't got the time to go through the legal channels? I don't know. I'm so angry that people think they can get away with this.

tacpot12

It is a nightmare, but they should be able to find somewhere to stay locally (e.g. B&B or as AirBnB) while they try to find another property to rent. They should let their employers know what has happened, just so they are aware. The employers should be prepared to allow some time off work to view new properties and sign a new tenancy agreement.

Mystic_CT

If anyone can recommend a solicitor who specialises in property/tenancy law in the Sevenoaks area in Kent, please PM me. Many thanks.

propertyrental

Mystic_CT said:

Thank you macman and Annisele for your replies. As you can imagine, my son was somewhat shell-shocked and I heard from him earlier this evening. He said he has has sight of the rental contract/agreement with the LL's signature on it. So, this is what surprises me the most. Does the LL and LA think they can get away with this? Perhaps they're banking on my son and girlfriend not being able to afford a solicitor/ don't know where to begin/haven't got the time to go through the legal channels? I don't know. I'm so angry that people think they can get away with this.

This is worrying. Has he not got a copy? Theoretically and playing devil'sadvocat, if the LL/agent denied this contract exists or was signed by the LL, how can your son prove otherwise?

Having said that, yes, breach of contract. So for example, if your son had tomove down south for a new job timed to start when the tenancy was due to start, he could do so, check into a hotel, and claim the hotel bill back from the LL.
* keep all receipts!
* but be reasonable. Move into a 5* hotel and a judge would not be impressed!

Mystic_CT said:

If anyone can recommend a solicitor who specialises in property/tenancy law in the Sevenoaks area in Kent, please PM me. Many thanks.

He does not need a solicitor (and could not reclaim the solicitor's costs even if he won in a small claims court).

Step one is to speak to the LL (ideally) or agent and be firm. Make clear he will take this further - to court if necessary - and try to reach a compromise. Compromise is always better than legal action.

But if that fails, then a 'Letter Before Action'  to both LL and agent, detailing the reason he is entitled to compensation, and outlining the compensation he will claim.

If that does not work, then

https://www.moneyclaim.gov.uk/web/mcol/welcome

Mystic_CT

Hi propertyrental, yes, he does have a copy of the rental agreement. Sorry, I should have made that clearer. Thank you for the advice re checking into a standard hotel and/or a B&B as tacpot12 suggested. That may well be their only option because Easter will be upon us soon and Airbnb accommodation may well be limited in that part of Kent...

propertyrental

Mystic_CT said:

Hi propertyrental, yes, he does have a copy of the rental agreement. Sorry, I should have made that clearer. ...

Just to be totally clear, the copy he has is signed by the LL (or the LL's agent), yes?

Mystic_CT

Yes, I've just waded through the Tenancy Agreement.pdf my son forwarded to me earlier this evening. It states the Landlord's name and her signature dated 20 March, 2023 at 8.11pm. My son and his girlfriend's signatures are signed below on the same date at 2.38pm and 2.44pm respectively.

Eldi_Dos

Did LA make any mention of return of deposit and advance rent?
The couple should get in touch with their bank or card company about this