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  • FIRST POST
    • SidVic
    • By SidVic 13th Oct 18, 4:13 PM
    • 3Posts
    • 0Thanks
    SidVic
    Flat for rent not ready on time
    • #1
    • 13th Oct 18, 4:13 PM
    Flat for rent not ready on time 13th Oct 18 at 4:13 PM
    Hello all.



    Long time lurker here, now finally signed up for some advice!


    Recently moving back to the UK after 10 years abroad. Got a family member to view flats on my behalf and picked one out. Paid over £5000 in admin fees, deposit and rent in advance and signed a contract. I turned up on the day on time for my check in (having to initiate contact with the agent, as they didn't think to contact me) and was told to come straight to their office.


    It transpired that the current tenants, who were being managed by another agency had changed their minds about moving out on my move in date and wanted to stay til the end of the month. The LL was aware and had informed the agency I was dealing with. They knew 3 days earlier and yet no one contacted me.



    I told them I could only stay with a relative for 2 more nights then needed accommodation, and after 2 days of chasing (not a single phone call received from them, I initiated all the calls) they suggested another flat from the same LL. They told me about this at the close of day. It has not been cleaned and is totally unfurnished bar a bed. I arrived to move some basics into the flat to make it liveable for a few days and found sofas dumped outside it - I was expected to move them in myself!



    I went back to the agents and told them that this wasn't suitable and they were falling short of their duty and I would be staying at a Travelodge and expected them to cover the cost of that and my meals for the next 2 weeks.



    Throughout the agency have not taken any initiative to solve the issue and don't seem that bothered that because of them their client (the LL) has been in breach of contract. It's been very stressful and has ruined a lovely weekend planned with family members I haven't seen in years. Instead of prepping for my new job and resting I'm schlepping stuff back and forth from the agents. Also they haven't as yet given me a new contract with a new date on it.



    I want to know - as well as the hotel, food and travel to and from the agents, can I also claim for my time and inconvenience? I was due to start a new job and this has been a less than restful week!


    Thank you all.
Page 1
    • anselld
    • By anselld 13th Oct 18, 4:36 PM
    • 5,919 Posts
    • 5,647 Thanks
    anselld
    • #2
    • 13th Oct 18, 4:36 PM
    • #2
    • 13th Oct 18, 4:36 PM
    You say that you have signed a contract.
    Has the Landlord/Agent also signed and do you have a signed copy?

    You should also be aware that if the current Ts decide to "stay till the end of the month" they could do so again and again until the L obtains a Court order and send in the bailiffs.

    IANAL but I fear the L will be obliged to return your deposit and fees for breaching their agreement to enter into a Tenancy, but you can probably not enforce the completion of the tenancy nor your interim expenses.
    Last edited by anselld; 13-10-2018 at 4:42 PM.
    • SidVic
    • By SidVic 13th Oct 18, 4:38 PM
    • 3 Posts
    • 0 Thanks
    SidVic
    • #3
    • 13th Oct 18, 4:38 PM
    • #3
    • 13th Oct 18, 4:38 PM
    ^Yes, the landlord has signed and I have a copy.
    • SidVic
    • By SidVic 13th Oct 18, 5:25 PM
    • 3 Posts
    • 0 Thanks
    SidVic
    • #4
    • 13th Oct 18, 5:25 PM
    • #4
    • 13th Oct 18, 5:25 PM
    Also - another thing occurred to me


    Who is actually responsible for making these payments? The agents or the landlord?


    The agents are insisting that the landlord will not 'splash out' (their words) on a Travelodge for me as the grotty flat which didn't even have the heating on, no internet etc. I understand I have a duty to mitigate my costs which I am trying to do but they are not making it easy!


    They had the gall to tell me I should clean the flat and should have been in to receive the sofas at their convenience... how I was meant to stay overnight in an unheated flat with no bedding I'm not sure.
    • anselld
    • By anselld 13th Oct 18, 5:52 PM
    • 5,919 Posts
    • 5,647 Thanks
    anselld
    • #5
    • 13th Oct 18, 5:52 PM
    • #5
    • 13th Oct 18, 5:52 PM
    Also - another thing occurred to me


    Who is actually responsible for making these payments? The agents or the landlord?
    Originally posted by SidVic
    *If* anyone else is responsible it is the Landlord. The agent acts on behalf of the Landlord.
    • pinkshoes
    • By pinkshoes 13th Oct 18, 6:13 PM
    • 16,018 Posts
    • 22,023 Thanks
    pinkshoes
    • #6
    • 13th Oct 18, 6:13 PM
    • #6
    • 13th Oct 18, 6:13 PM
    Could you find a holiday let for 2 weeks? LL should pay rent and you then pay food.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Red-Squirrel
    • By Red-Squirrel 13th Oct 18, 6:17 PM
    • 3,459 Posts
    • 9,264 Thanks
    Red-Squirrel
    • #7
    • 13th Oct 18, 6:17 PM
    • #7
    • 13th Oct 18, 6:17 PM
    Also - another thing occurred to me


    Who is actually responsible for making these payments? The agents or the landlord?


    The agents are insisting that the landlord will not 'splash out' (their words) on a Travelodge for me as the grotty flat which didn't even have the heating on, no internet etc. I understand I have a duty to mitigate my costs which I am trying to do but they are not making it easy!


    They had the gall to tell me I should clean the flat and should have been in to receive the sofas at their convenience... how I was meant to stay overnight in an unheated flat with no bedding I'm not sure.
    Originally posted by SidVic

    Is the flat still on offer? When you say it didnít have the heating on, what exactly do you mean?
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