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  • FIRST POST
    • SidVic
    • By SidVic 13th Oct 18, 4:13 PM
    • 5Posts
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    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
    • 5,979 Posts
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    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
    • 5 Posts
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    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
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    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
    • 5,979 Posts
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    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
    • 16,120 Posts
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    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
    • 3,807 Posts
    • 10,276 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?
    • SidVic
    • By SidVic 22nd Oct 18, 3:28 PM
    • 5 Posts
    • 0 Thanks
    SidVic
    • #8
    • 22nd Oct 18, 3:28 PM
    • #8
    • 22nd Oct 18, 3:28 PM
    Thanks all for the insight


    Apologies I've not responded, have been unwell.



    I just thought I'd update here in case anyone else finds this helpful. So we plumped for a premier inn (not ideal) and landlord said he would pay and raise a claim with the estate agents, as even though he is liable it is the agent's actions that put him in breach of contract. This sound fair enough.



    We are due to be moving in today. The estate agent is now saying that a check in will not be done today as it was done on the initial date (despite the other tenants still living there at the time) and that we did not have to be present for the check in! This sounds like BS to me - what if in the meantime the tenants have damaged the property in some way? What if I want to take my own pictures of the property to ensure that any damage is carefully documented? Any thoughts?
    • Comms69
    • By Comms69 22nd Oct 18, 3:38 PM
    • 5,898 Posts
    • 6,180 Thanks
    Comms69
    • #9
    • 22nd Oct 18, 3:38 PM
    • #9
    • 22nd Oct 18, 3:38 PM
    Thanks all for the insight


    Apologies I've not responded, have been unwell.



    I just thought I'd update here in case anyone else finds this helpful. So we plumped for a premier inn (not ideal) and landlord said he would pay and raise a claim with the estate agents, as even though he is liable it is the agent's actions that put him in breach of contract. This sound fair enough.



    We are due to be moving in today. The estate agent is now saying that a check in will not be done today as it was done on the initial date (despite the other tenants still living there at the time) and that we did not have to be present for the check in! This sounds like BS to me - what if in the meantime the tenants have damaged the property in some way? What if I want to take my own pictures of the property to ensure that any damage is carefully documented? Any thoughts?
    Originally posted by SidVic


    you take the camera / phone out of your pocket and start snapping away.
    • Choccygirl123
    • By Choccygirl123 22nd Oct 18, 3:38 PM
    • 258 Posts
    • 403 Thanks
    Choccygirl123
    It doesn't sound very ordinate to me. The previous tentabts lshoukd have had a check out when they left. This would have more reliable than one when they're in the house. Sounds like someone trying to save money!
    Always counting down to pay day, but making baby steps getting life on track! Looking forward to cracking the debt once and for all.
    SPC 090 - £69.45 / £500
    • Simonr66
    • By Simonr66 22nd Oct 18, 3:53 PM
    • 67 Posts
    • 43 Thanks
    Simonr66
    The agents sound like a bunch of cowboys, how are you expected to sign an up to date and correct inventory if the tenants were still in the flat, has one been done.


    Along with the tenancy agreement, inventory the agents have to give you a copy of the gas safety certificate (if applicable) a how to rent guide as well as a copy of the EPC. Ensure they register your deposit, they have 30 days from receipt to do this.
    • Comms69
    • By Comms69 22nd Oct 18, 4:00 PM
    • 5,898 Posts
    • 6,180 Thanks
    Comms69
    The agents sound like a bunch of cowboys, how are you expected to sign an up to date and correct inventory if the tenants were still in the flat, has one been done.


    Along with the tenancy agreement - not a requirement , inventory - not a requirement the agents have to give you a copy of the gas safety certificate (if applicable) a how to rent guide as well as a copy of the EPC. Ensure they register your deposit, they have 30 days from receipt to do this.
    Originally posted by Simonr66


    Just to be clear
    • SidVic
    • By SidVic 23rd Oct 18, 2:32 PM
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    • 0 Thanks
    SidVic
    That's great, thank you. Yes at last check they hadn't yet registered the deposit, so will give them a gentle reminder.



    They've been absolutely useless from start to finish. I understand mistakes get made and that's cool, but then you want someone to take responsibility and ensure you get a better experience from then on, but they were just totally uninterested. We chased them for everything - except when one of them called us to ask why the bare, uncleaned flat was not suitable!
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