Tenancy advice - Signed but LL possibly selling up

craigc_2

Hi hope you can help, I’m a bit stuck on what to do next..

I've had a search but not having much joy on finding someone else who has had similar circumstances. Not sure if that’s a bad or good thing!
Basically, were having to move a member of family from one rented placed to another with a few days between the end of one and the start of the next. Well that was the plan.
Found a new place for her via a EA and put a holding deposit down, a bit later on the main bulk deposit + a small part of the first month’s rent.
Contacts signed by both parties and dated, went to move in but wasn’t happy with the general cleanliness of the place so delayed it by a week while that was fixed.
Now the LL has said he might sell up and have to wait another week to find out.
Where do we stand, the EA just say because the contract wasn’t executed we don’t have anything.

I’ve tried getting hold of the CAB no joy yet. Where do we stand on the legal viewpoint?

Thanks for any help, it will be appreciated.

moneysavinmonkey

try phoning shelter. They usually more clued up when it comes to housing than CAB and other MSE'rs reported success in getting them to answer the phone.. freefone number is: 0808 800 4444


If the contract is signed + dated by both parties then it is executed so the landlord can't go back on his word anymore than you could pull out. Are the EA members of ARLA. If so I would make an official complaint about this as they are either lying to you or totally incompetent.

teeni

If you have both signed a contract that is enforcable, if the landlord does not allow you to move in then that is illegal eviction. Just because you delayed the state you moved in because of the state of the property does not negate the tenancy.

You should consider contacting shelter on 0808 800 4444 for further assistance.

IF he sells then he sells with a sitting tenant which will reduce his sale price no end.

craigc_2

Thank you both for your quick replies, they are a member of ARLA.

Just the sort of info I needed, I personally think incompetent would sum up things up so far!

Thank you again.

silvercar

I just wonder if the landlord will try to say you rejected the contract because you didn't accept the place on day 1.

Generali

silvercar wrote: »

I just wonder if the landlord will try to say you rejected the contract because you didn't accept the place on day 1.

I don't think you can just reject a contract. If money has been paid and it's all signed, there's an enforcable contract.

Alleycat

silvercar wrote: »

I just wonder if the landlord will try to say you rejected the contract because you didn't accept the place on day 1.

There is no clause to say that they would have needed to move in on the exact date the tenancy started and if there was I would be very surprised if was enforcable.

The contract has been executed as a tenancy agreement has been signed and rent has been paid. Even if you had not signed the agreement, the fact that you made even just the one rent payment would automatically enter you into a legally binding 6 month assured shorthold.

tbs624

craigc wrote: »

Found a new place for her via a EA and put a holding deposit down, a bit later on the main bulk deposit + a small part of the first month’s rent.
.

Craig - how much of the first month's rent was paid and what is the actual wording of the Tenancy Agreement regarding payment of rent?

craigc_2

For the first months rent, It was only small part approx 5% from overrun from all the fees, so I doubt it really has any legal power. (but its a techincally)

I don't have the agreement infront of me right now I was hoping too, I will have it tomorrow/this evening.

Also the Estate Agent won't give out the landlords details, is that normal or if I'm reading into this right wrong as well?

tbs624

Also, you say the money given to the LA was paid in 2 instalments - do you have separate receipts for those payments and, if so, what does it say on the receipts? How many days/weeks is it since the balance of the deposit/part rent was paid?

Under the Landlord & Tenant Act 1985, tenants in England & Wales, who make a written request to a LA, do have the right to be told the landlord's name and address: this should be supplied within 21 days. Given that the LA seems to be struggling with viewing the tenancy as a valid one, I should think you’ll get nowhere with this one, so you could pay a couple of quid to get the owner’s information from the Land Registry if you think this will help.

I have to say that if the relationship between LA & Tenant was difficult from the very start, I’m not sure that I’d want to be continuing anyway, but my suggestion in any event would be to take this to the Private Tenancies Officer/Tenancy Relations Officer at the local Council Housing Dept - ring first and make an appointment for an “advice interview”, then gather all your paperwork together. They should be able to help you/your relative and it’s always useful for the local Housing people to know about the business practices of specific LAs in their area.

Alternatively, you could see a solicitor for a Fixed Fee appointment see here: http://www.clsdirect.org.uk/ You can search for an adviser within your area (box to left of screen) or, as suggested above, try Shelter. If the LA is a member of ARLA, OEA scheme etc you try could making a formal complaint through them.

moneysavinmonkey

might also be worth taking up with trading standards...
you could get some advice from consumer direct on whether that is a route worth taking: 08454040506 + website