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

macman

Why do you need a solicitor? This is a straightforward small claims process. Start with an LBA to the LL, then if no response use small clams. 
There is simply no defence if the LL already signed the TA.

GDB2222

It certainly sounds like contracts were exchanged, as well as signed, but there might be some argument about that?

Son and GF would be wise not to splurge too much on expenses, just in case they fail to recover them. So, if they need a hotel, a Travelodge, rather than the local version of The Ritz.

propertyrental

GDB2222 said:

It certainly sounds like contracts were exchanged, as well as signed, but there might be some argument about that?

Son and GF would be wise not to splurge too much on expenses, just in case they fail to recover them. So, if they need a hotel, a Travelodge, rather than the local version of The Ritz.

It's a rental contract not a purchase/sale. There's no exchange of contracts as such.

If the OP (tenant) has the LL's signed contract, then the contract is binding. But yes, an excessive claim would not be upheld by a judge. Any claim for compensation must be reasonable.

But if the property being rented was a high class penthouse in a block with a swimming pool and associated benefits, then a somewhat more luxurious hotel than a Premier Inn would be 'reasonable'.

Mystic_CT

Hi All,

Just updating my original post. Apparently, the reason the LL and LA have caused my son and his girlfriend all this stress and anxiety is because neither the LL nor LA  thought it imperative to have an EICR in place before the actual move-in date of Tuesday 28 March. Despite an EICR being a legal requirement on the part of landlords since 1st April, 2021. My son and his girlfriend viewed and agreed to rent the property in mid-February so there was ample time for the electrics to be inspected and for any work to be carried out.

My son received an email from the LA yesterday pm informing him that they heard from the LL yesterday that she has contacted her electrician. Said electrician will be inspecting the property either today or tomorrow and will carry out any required work in order to be able to submit an EICR. So, it may well be next week before we can let you have the keys. So sorry for all the inconvenience but is that OK or would you prefer not to proceed with the tenancy agreement and claim reimbursements from the LL???

I'm lost for words, well certainly ones that wouldn't be considered as profanity

diego_94

Just playing Devis Advocate. Can you call a locksmith and change the locks as you have a valid tenancy and then move in?

ArbitraryRandom

Then I would suggest it's up to your son/his partner. 

If they are still content to rent this property from this landlord then they can go ahead. 

There is some slight risk that if the landlord was cutting corners here they might duck other responsibilities elsewhere (It could be the landlord holds a little resentment if they feel forced to do something they thought they could get away with not doing and might be a little petty or difficult). So if they decide they can and want to find alternative accommodation they can't face a counter claim of breach.  

Either way, I would expect the landlord to pay any associated expenses - including reasonable accommodation costs until the keys are available if they decide to continue with the tenancy, and if they fail to do so your son would be well within their rights to take the matter to small claims court (after following due process re letter before action etc). 

I would also recommend your son, if they decide to continue, make sure they are aware of the landlord's other responsibilities re inventory, deposit protection, GSC etc to help avoid/identify similar problems down the line (and, of course, their responsibilities as a tenant). 

Grumpy_chap

Mystic_CT said:

So, it may well be next week before we can let you have the keys. So sorry for all the inconvenience but is that OK or would you prefer not to proceed with the tenancy agreement and claim reimbursements from the LL???

Expressing that as an either / or does not seem correct.

There is a delay of a week in gaining access.  The LL should provide alternative accommodation in the meantime.

It sounds like the LA is trying it on - start a week later or not start at all and receive the deposit etc back.

_Penny_Dreadful

Mystic_CT said:

Hi All,

Just updating my original post. Apparently, the reason the LL and LA have caused my son and his girlfriend all this stress and anxiety is because neither the LL nor LA  thought it imperative to have an EICR in place before the actual move-in date of Tuesday 28 March. Despite an EICR being a legal requirement on the part of landlords since 1st April, 2021. My son and his girlfriend viewed and agreed to rent the property in mid-February so there was ample time for the electrics to be inspected and for any work to be carried out.

My son received an email from the LA yesterday pm informing him that they heard from the LL yesterday that she has contacted her electrician. Said electrician will be inspecting the property either today or tomorrow and will carry out any required work in order to be able to submit an EICR. So, it may well be next week before we can let you have the keys. So sorry for all the inconvenience but is that OK or would you prefer not to proceed with the tenancy agreement and claim reimbursements from the LL???

I'm lost for words, well certainly ones that wouldn't be considered as profanity

If the landlord has previously let the property out there was already a legal requirement for the landlord to have had the EICR done by 1st April 2021. 

_Penny_Dreadful

diego_94 said:

Just playing Devis Advocate. Can you call a locksmith and change the locks as you have a valid tenancy and then move in?

There’s a valid contract in place but a tenancy doesn’t start until the tenant takes up occupation of the property. I wouldn’t recommend getting a lock smith to let them in though. 

propertyrental

There are a number of considerations:

* does son like/still want to rent ?
* has son checked other obligations (right to rent, gas, smoke alarms etc)?
* is LL willing to pay for interim accommodation for a week?
* is son able to simply wait a week or must he move to area?
* if LL is willing to amend tenancy start date, with no other compensation, is son happy for this in order to be start the LL/T relationship on basis of compromise rather than antagonism?
* does son prefer to walk away? If so, does he want to take claims all the way to court for breach of contract?

There's no 'right' answer, and no one here can advise best course of action - we can only give opinions on son's legal rights, which are not the same thing. Only son can decide.