Estate Agent mixed up move-in date for rental property

richdeniro

Hi All,

We have recently secured a lease on a new rental property and paid the holding deposit and completed referencing as well as giving notice on our current rental. It was advertised as being available from the 19th June and all communication to/from the estate agent has been based on that move-in date.

However the estate agent has called us and said he has mixed up the available from date and said the date it was available from was meant to be the 28th June as the existing family living in the property had agreed a weeks extension to their lease.

We had already had our notice served by our landlord as she is selling the property and the original section 21 notice ended the tenancy on the 28th June but we went back and told the agency that we had found somewhere else so could vacate on the 19th June which was accepted.

So effectively we are going to be homeless for a week with a 2 month old baby. Is there anything we can do? The landlord and estate agent on the property we are currently renting are adamant that we have to be out on the 19th and will be putting her sale into jeopardy if we try to revert back and stay to the date in the original Section 21 notice.

We don't have very much money and the thought of having to effectively double our moving costs by doing it twice in the space of 7 days and paying to store everything somewhere for that time along with living in a hotel or airbnb for a week doesn't really appeal.

Thank you in advance.

silvercar

Stay put until the 29th. If the sale is in jeopardy then so be it.

MultiFuelBurner

It sounds like the served S21 notice and your move in date line up perfectly.

Regardless of whether you get on with your current LL or not just inform them that you will be out on the 28th June when the S21 notice is set to end the tenancy.

That way everyone knows what's what

macman

Did you agree in writing to end the tenancy on the 19th? If you did, then you would be in breach if you remain beyond that date. If you didn't, then simply say that circumstances have changed and you will be surrendering on the 28th as per the S21.
Entirely the fault of your LL for trying to advance the sale so far before actually having vacant possession. But, since she can't exchange without vacant possession, she simply has to reduce the gap between exchange and completion by 9 days, which should not be impossible.

housebuyer143

Tell them the date you will be leaving and don't leave until that date. They can't throw you out even if you did give notice. 

If the house sale is really in jeopardy then maybe they will pay for you to move into alternative accommodation for that week, but if not, it's not your issue. Don't make yourself homeless.

Indigo_and_Violet

As others have highlighted, you don't legally have to leave until 28th June. Yes it'll sour relations with the landlady but you don't need a reference from her anymore (you have a new place to move into).

Picking up on @housebuyer143's suggestion you could look at how much it would cost to do the double move/storage/hotel option and include that in your communications along the lines of 'we're sorry, we can't possibly move earlier, it will cost us £x,000 that we don't have' and see what the landlady comes back with. She might offer to pay the extra to get you out. You've said you don't fancy the hassle and with a two-month old I don't blame you, but it could maybe be a little holiday somewhere if you're able to swing it. 

richdeniro

macman said:

Did you agree in writing to end the tenancy on the 19th? If you did, then you would be in breach if you remain beyond that date. If you didn't, then simply say that circumstances have changed and you will be surrendering on the 28th as per the S21.
Entirely the fault of your LL for trying to advance the sale so far before actually having vacant possession. But, since she can't exchange without vacant possession, she simply has to reduce the gap between exchange and completion by 9 days, which should not be impossible.

Unfortunately we did - we sent the agent an email saying that we could move out on the 19th and that this date has been accepted by the landlord.  When we went back to them and told them about the mix-up the Estate Agent came back and said that we cannot now change the date and are putting the landlord into 'an incredibly uncomfortable and risky position'.

Hedgepigs

Have you signed anything with the new agent/landlord stating the new tenancy starts on the 19th? If so, you might at least have scope to recover some costs back off them?

silvercar

richdeniro said:

macman said:

Did you agree in writing to end the tenancy on the 19th? If you did, then you would be in breach if you remain beyond that date. If you didn't, then simply say that circumstances have changed and you will be surrendering on the 28th as per the S21.
Entirely the fault of your LL for trying to advance the sale so far before actually having vacant possession. But, since she can't exchange without vacant possession, she simply has to reduce the gap between exchange and completion by 9 days, which should not be impossible.

Unfortunately we did - we sent the agent an email saying that we could move out on the 19th and that this date has been accepted by the landlord.  When we went back to them and told them about the mix-up the Estate Agent came back and said that we cannot now change the date and are putting the landlord into 'an incredibly uncomfortable and risky position'.

Reply, saying you are sorry and you had no intention to cause any difficulties but it is beyond your control. You could add that you are telling them this at the earliest opportunity to be as fair as you can, rather than just not leaving on the 19th.

macman

richdeniro said:

macman said:

Did you agree in writing to end the tenancy on the 19th? If you did, then you would be in breach if you remain beyond that date. If you didn't, then simply say that circumstances have changed and you will be surrendering on the 28th as per the S21.
Entirely the fault of your LL for trying to advance the sale so far before actually having vacant possession. But, since she can't exchange without vacant possession, she simply has to reduce the gap between exchange and completion by 9 days, which should not be impossible.

Unfortunately we did - we sent the agent an email saying that we could move out on the 19th and that this date has been accepted by the landlord.  When we went back to them and told them about the mix-up the Estate Agent came back and said that we cannot now change the date and are putting the landlord into 'an incredibly uncomfortable and risky position'.

Saying 'you could' move out on the 19th is not formally surrendering the tenancy early. What was the exact wording used? If you said 'i agree to surrender early by vacating on the 19th', then that would be a different matter.

housebuyer143

macman said:

richdeniro said:

macman said:

Did you agree in writing to end the tenancy on the 19th? If you did, then you would be in breach if you remain beyond that date. If you didn't, then simply say that circumstances have changed and you will be surrendering on the 28th as per the S21.
Entirely the fault of your LL for trying to advance the sale so far before actually having vacant possession. But, since she can't exchange without vacant possession, she simply has to reduce the gap between exchange and completion by 9 days, which should not be impossible.

Unfortunately we did - we sent the agent an email saying that we could move out on the 19th and that this date has been accepted by the landlord.  When we went back to them and told them about the mix-up the Estate Agent came back and said that we cannot now change the date and are putting the landlord into 'an incredibly uncomfortable and risky position'.

Saying 'you could' move out on the 19th is not formally surrendering the tenancy early. What was the exact wording used? If you said 'i agree to surrender early by vacating on the 19th', then that would be a different matter.

Is it though? What will the landlord do if the tenant who surrendered the tenancy doesn't go? They still can't throw them out on the street.