Landlord / Letting Agent has intentionally deceived us

celesp

Me, my wife and our two kids have recently, just over a month ago, moved into a property whilst we are saving to buy our first house.

When we looked at the property, the listing on rightmove said "Long Term", The letting agent said the landlord was looking for long term because they came into a lot of money and had bought a property overlooking the sea. The only thing I was a little concerned about was the letting agent was small, with only 3 members of staff and I know how difficult even well-staffed letting agents can be sometimes.

Yesterday, I had the day off and was sitting in the living room whilst I noticed someone walk into our front garden and start putting up a "for sale" sign, without even alerting us. I went out and said there had been a mistake and asked them to remove it. They said the landlord was selling and they had permission, so I stuck to my rights and told them to remove it from the land I am renting and they did. Whilst I was saying that one of the neighbors was outside gardening, we got on with them really well so far. They are friends with our landlords as they lived here before us. He told us that it was always their intention to sell the property and give viewings whilst we were renting, but the LL was struggling when it was listed as short term and the letting agents suggested putting it as long term. when I went inside I also noticed that it was for sale on zoopla and rightmove. I also know that the LL has moved to a bigger house on the coast and is currently building an extension because they came into a lot of inheritance, millions I'm told, and retired. my neighbor had told me when I first moved in, not that their finances are any of my concern but it gives more context to the below.

I called the letting agent, and got through to a different member of staff than the one that is usually dealing with us, they said that it WAS long-term and gave me some rubbish sob story about them nearly going bankrupt and how they are thinking of living in a caravan as they won't have any house in about 3 months. I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".

I explained that in the last month, I had arranged to move my kids to a new school in Sept, spent money changing our address on some legal documents, and my partner has even had to move to a new job and spent over 6k moving altogether as we are still renting our last place on a month overlap and we will likely have to do the same here, paying nearly £2k a month, which she replied that it was "no our problem, this happens, it's the real world".

I know the landlord can sell for any reason, it's their house and I respect that, but my issue is, we would not have moved if we knew it was 6 months, piecing together the letting agent's comments and our neighbor's comments, it appears this was the plan all along. I even have emails and texts saying the landlord will want you here for many years and a text saying that our neighbour's had said how "quiet and friendly" we were to our landlord. Their deception has cost us a significant amount of money and will cost us more. If you deceive anyone out of money in any other walk of life it's counted as fraud. Is there any way I can claim some of the costs back because of what they have done? I do not expect everything but it's disgraceful how someone with money will intentionally deceive someone who is trying to get on the ladder with kids.

theartfullodger

Just because someone is selling (or indeed has sold) the property does not end the tenancy nor compel tenant to leave.  New owner simply "steps into shoes" of previous owner, becomes landlord, no right to turn you out.  Even if outside property with Removals van, 3 screaming kids and a loonie partner.

(unless it says otherwise in Tenancy) you do not have to permit for sale signs, surveys, valuations, viewings, photos, etc etc etc.

You could take the approach of seeing how much current owner will pay you to play ball. I'd want £20k plus but I'm a greedy landlord.

Sadly some landlords & agents are devious lying b****ards. (So are other people ....) Sorry to read your story.

In England to be a landlord or lettings agent requires no qualifications, no training, no criminal records check.  Sometimes it shows....

Of course Thatcher's 1988 Housing Act section 21 permits a landlord to evict a tenant for NO REASON AT ALL.  But a lot of agent's paperwork has flaws meaning any s21 would he invalid.

Is this England?

Good luck 

Artful: Landlord since 2000

user1977

Why did you sign up to a 6 month lease? I suspect that to a large extent is going to trump any prior discussion about being "long term".

celesp

user1977 said:

Why did you sign up to a 6 month lease? I suspect that to a large extent is going to trump any prior discussion about being "long term".

Most letting agents blank refuse more than 6 months when you first enter a property to ensure you are not bad tenants, with the rental market at the moment, it's very hard to even find a place, let alone a place that suits you, your family and budget.

theartfullodger

Many agents try for 12 months or 1 or 2 years so they are assured of their commission for that period.  I suspect landlord.

FreeBear

theartfullodger said: Of course Thatcher's 1988 Housing Act section 21 permits a landlord to evict a tenant for NO REASON AT ALL.  But a lot of agent's paperwork has flaws meaning any s21 would he invalid.

Assuming no break clause in the six month term, you are safe until then. Afterwards, the landlord will need to go to court, which takes time and money. As long as the paperwork is in good order, I would have thought you have 10-12 months at least before the court hands out a possession order.

Mstty

Do the listings on Rightmove/Zoopla say the property is tenanted?

If so it may be the case the LL is selling with you in situ and you will just get a new LL.

BobT36

user1977 said:

Why did you sign up to a 6 month lease? I suspect that to a large extent is going to trump any prior discussion about being "long term".

Usually contracts are 12 months. 6 month contracts are certainly not considered "long term", that should have set off alarm bells.. 12 months would be "standard", and anything above that would be "long term". 
If anything, AGENTS want longer ones as they don't care whether bad tenants or not, they want their commission. They have other ways of dealing with "bad tenants" anyway, as being a "bad tenant" is breaking the contract.

As the person said, what you've spend is irrelevant. Yes it's not common decency to do what they did but this is indeed the reality of renting, the ONLY security you have is your contract term, and the housing law after that. 

Unfortunately many landlords want to have their cake and eat it, in that they want to sell, AND get rent paid during that time. You do not need to permit any viewings etc while you are renting that property, however expect a Section 21 4 months in.. Then as the other poster said you have as long as it takes for it to get to / through court from month 6 onwards. Problem is although you can stay till a court evicts, that's not ideal and you may get a bad reference, which will hinder finding future property. Keep paying your rent as per the agreement until you move out regardless.

Get reading Section 21 law, check if the LL has fulfilled all their obligations to give you one (keep quiet if not, as that will slow things down), then get looking at a property to buy / move to from month 6 onwards. (Unless as the other poster said, it's been listed for sale with tenant in situ). It sucks but again, this is the reality of renting, and is such a shame why so many houses are tied up to people who already own, leaving the ones remaining for sale at such high prices. Renting suits some, but not everyone, however most don't have a choice and therefore have to put up with the lack of security of not owning your own home. 

Unless they have broken the CONTRACT in some way, you are not entitled to anything in compensation.

_Penny_Dreadful

@BobT36, it's not unusual for landlords to offer an initial 6 month fixed term contract even when the intention is for a long term let.  I know plenty of landlords, including myself who do that.  I have tenants who have been on a periodic tenancy for years following the end of the 6 month fixed term.

Whatever way you slice it, 6 month fixed term, 12 month fixed term, neither are really what I would consider long term anyway.  Who wants to be moving every year, not me, that's for sure.

_Penny_Dreadful

celesp said:

Me, my wife and our two kids have recently, just over a month ago, moved into a property whilst we are saving to buy our first house.

When we looked at the property, the listing on rightmove said "Long Term", The letting agent said the landlord was looking for long term because they came into a lot of money and had bought a property overlooking the sea. The only thing I was a little concerned about was the letting agent was small, with only 3 members of staff and I know how difficult even well-staffed letting agents can be sometimes.

Yesterday, I had the day off and was sitting in the living room whilst I noticed someone walk into our front garden and start putting up a "for sale" sign, without even alerting us. I went out and said there had been a mistake and asked them to remove it. They said the landlord was selling and they had permission, so I stuck to my rights and told them to remove it from the land I am renting and they did. Whilst I was saying that one of the neighbors was outside gardening, we got on with them really well so far. They are friends with our landlords as they lived here before us. He told us that it was always their intention to sell the property and give viewings whilst we were renting, but the LL was struggling when it was listed as short term and the letting agents suggested putting it as long term. when I went inside I also noticed that it was for sale on zoopla and rightmove. I also know that the LL has moved to a bigger house on the coast and is currently building an extension because they came into a lot of inheritance, millions I'm told, and retired. my neighbor had told me when I first moved in, not that their finances are any of my concern but it gives more context to the below.

I called the letting agent, and got through to a different member of staff than the one that is usually dealing with us, they said that it WAS long-term and gave me some rubbish sob story about them nearly going bankrupt and how they are thinking of living in a caravan as they won't have any house in about 3 months. I had a bit of a go and explained the situation, she asked if she could do viewings today. I used my right to quiet enjoyment and told them that I do not want anyone coming into my home whilst we are contracted (6 months initially and yearly after that.), we still have yet to unpack properly. The agent was noticeably angered by this and said, "It was always the landlord's plan to do this and you have to leave regardless of whether you let us in to view".

I explained that in the last month, I had arranged to move my kids to a new school in Sept, spent money changing our address on some legal documents, and my partner has even had to move to a new job and spent over 6k moving altogether as we are still renting our last place on a month overlap and we will likely have to do the same here, paying nearly £2k a month, which she replied that it was "no our problem, this happens, it's the real world".

I know the landlord can sell for any reason, it's their house and I respect that, but my issue is, we would not have moved if we knew it was 6 months, piecing together the letting agent's comments and our neighbor's comments, it appears this was the plan all along. I even have emails and texts saying the landlord will want you here for many years and a text saying that our neighbour's had said how "quiet and friendly" we were to our landlord. Their deception has cost us a significant amount of money and will cost us more. If you deceive anyone out of money in any other walk of life it's counted as fraud. Is there any way I can claim some of the costs back because of what they have done? I do not expect everything but it's disgraceful how someone with money will intentionally deceive someone who is trying to get on the ladder with kids.

In England's private rental sector there really isn't any such things as a long term let, at least not what I would consider long term.  I don't think that either a 6 month or a 12 month fixed term contract really gives tenants that much security.  At the absolute best you could get a 3 year fixed term contract, any longer and it has to be executed as a deed and can put some of the repairing obligations on to you, the tenant.  However, many landlords who offer these, usually by way of a letting agent, put break clauses into the contract so you're not really guaranteed 3 years of security anyway. 

I am a landlord myself and I think it is an absolute !!!!!! move to have tenants move into a property that you plan to sell with vacant possession.  Talk about trying to have your cake and eat it!!  I think what I would do in your situation is to try (using subterfuge) and get the letting agent to put something in writing about it always being the landlord's plan to sell the property. This will strengthen your case for what I am about to suggest next....

Your tenancy started less than 90 days ago so I suggest you use your Consumer Rights to start the process of unwinding your contract because you only signed this tenancy agreement after being misled by the landlord.  This would release you from the contract allowing you to find somewhere else to live, hopefully this time with a better landlord, and would entitle you to a refund of any rent you have paid thus far. 

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early/right_to_unwind

macman

You've got at least 5 months before your LL, whether the original, or the new one post-sale, can apply for an S21.
I would be informing all those potential buyers of this during viewings, and you can mention that it might be a further 6 months before the LL can obtain vacant possession, if you do not choose to leave at the end of your notice period. Ask them politely if it their intention to enter the BTL market? You can also determine the notice required and times allowed for any viewings, which must be at your convenience, under the standard terms of your TA.
At this point, I'd imagine that quite a few will look elsewhere...
What the LL is doing is not in any way illegal, nor do you have any grounds to sue them, but I can't imagine a better way of hacking off my tenants within the first month than nailing 'For Sale' sign up on the property without notice.