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Landlord Pulling Out. Where do we stand?

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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    bexta1407 wrote: »
    Not at the minute but we will if we manage to find a suitable property. Not sure if its 100% correct but i have read on another site we can also claim for any difference in rent, if we need to pay more.
    No, you cant claim the difference in rent.


    Look, without being funny, it's really simple.


    You can only claim any direct loss as a result of them withdrawing.


    So you cant claim moving fees, as you would have those anyway.
    You cant claim time off work for the same reason.


    You could claim the cost of any agency fees you have to pay, that is reasonable.
    You could claim any out of pocket expenses (cancellation charges for example)


    You MUST mitigate the loss, so if you need to stay in a hotel, it must be a reasonable cost, not a 5*.
  • bexta1407
    bexta1407 Posts: 41 Forumite
    Comms69 wrote: »
    No, you cant claim the difference in rent.


    Look, without being funny, it's really simple.


    You can only claim any direct loss as a result of them withdrawing.


    So you cant claim moving fees, as you would have those anyway.
    You cant claim time off work for the same reason.


    You could claim the cost of any agency fees you have to pay, that is reasonable.
    You could claim any out of pocket expenses (cancellation charges for example)


    You MUST mitigate the loss, so if you need to stay in a hotel, it must be a reasonable cost, not a 5*.


    Now i'm confused as that is different advice to what i have read elsewhere.
  • saajan_12
    saajan_12 Posts: 3,618 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    I suggest sending a polite but firm letter and email to the landlord explaining that a legally binding contract has been entered into. And that if you are not provided with access to the property, you will need to find emergency accommodation for your family and will have no choice but to bring a legal a claim against her to breach of contract to recover your costs, including accommodation and storage costs.

    At least that makes your position clear.

    And it gives the landlord something which she can show the husband in an effort to convince him to leave the property (and gives her ammunition to show that he has been unreasonable if there is a divorce dispute).

    It MIGHT work to send the prospective LL such a letter to encourage them to abide by the agreement, but the OP wouldn't actually be entitled to claim for emergency accommodation.

    OP has a duty to mitigate their losses, so they should search alternative places (keep proof of your enquiries / viewings booked). They could claim for reasonable losses as a result of having to search again e.g. extra letting agent fees (less any fees refunded prospective LL who breached / their LA), time off work to go on viewings again. However it would be unreasonable to act as if OP was only told on the agreed moving date and expect the LL to pay for last minute accommodation e.g. hotels.

    In this case, sounds like OP and LL are working together reasonably, and double the deposit is likely more than they could claim in costs so no need to add contention.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    bexta1407 wrote: »
    Now i'm confused as that is different advice to what i have read elsewhere.



    Can you link as to what advice and where?
  • katebl
    katebl Posts: 637 Forumite
    bexta1407 wrote: »
    We are still hoping some thing can be sorted. This house was perfect for us too :(
    I am going to contact the landlady tonight as all communication so far has been through my partner. I will advise her that i will be sending a letter regarding our costs etc.
    Complete nightmare as we had arranged decorators and carpet fitters for next week too, as she was going to allow us to have the keys early. Have also had to cancel the order for new furniture etc.

    How can you afford decorators, carpet fitters and furniture, but not agency fees?!
  • bexta1407
    bexta1407 Posts: 41 Forumite
    katebl wrote: »
    How can you afford decorators, carpet fitters and furniture, but not agency fees?!

    Because the decorator is a bloke I know who is doing it for less than half the price he would usually charge and has agreed to let me pay in installments. Likewise the carpet was going to be fitted with a firm that charges weekly payments.
  • bexta1407
    bexta1407 Posts: 41 Forumite
    Comms69 wrote: »
    Can you link as to what advice and where?

    I think it was in the landlord zone forum although I’m not 100% sure. I will try and find it but it was last night I seen it.
  • Marvel1
    Marvel1 Posts: 7,171 Forumite
    Name Dropper First Post First Anniversary
    bexta1407 wrote: »
    Because the decorator is a bloke I know who is doing it for less than half the price he would usually charge and has agreed to let me pay in installments. Likewise the carpet was going to be fitted with a firm that charges weekly payments.

    :eek: I just came across this, I would never pay out for those on a property I'm renting.

    bexta1407 wrote: »
    I think it was in the landlord zone forum although I’m not 100% sure. I will try and find it but it was last night I seen it.

    Could browse through your internet history, it's what I do when I can't remember a site I visited before.
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