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Go Back   The Consumer Forums > The Consumer Forums
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> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 27th October 2007, 13:38   #1 (permalink)
thegreat316
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Default please help, homeless soon.

hello, used this forum to help reclaim bank charges and helped alot of other ppl with advice.

i now need help with a rental problem, basically my sister wanted a bigger house because she now has a 1 year old, she had agreed 2 months ago to move into a new house 150 miles awy, and she ended her contract with her current house, the day before she was due to move she called the agent asking what time she could come. they informed her that the house had been rented out to some one else!.

she dident know what to do and the agent said they would pay for a hotel for her for a week in the new location and would help her find a new house to rent. she went to their and they refused to pay for the hotel dispite having it in writting that they agreed to pay for hotel and storage. she managed to get the hotel paid after hours of complainig. however the week is almost up and she cant find anywhere suitable to rent. the council wont help because she "made her self homeless".

she will be homeless on wednesday, i told her to move in with me but i live 150 miles away. she did not sign a contract, she was going to sign it they day she moved in. what can she do... can she sue the letting agent for damages..

please help..
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Old 27th October 2007, 14:13   #2 (permalink)
shywazz
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Default Re: please help, homeless soon.

Very unfortunate matter, i'm sure some1 with legal scope upon such matters will be along shortly to assist you on the lettings side of this issue.

In the meantime, your sister needs to get in touch by personnel visit to as many letting agents as possible, to rent a property to suit her needs, also read through the local papers in the area she is, there will be flats and houses to rent, even if not to her needs but something as a stop gap till the house she wants is found. Look in shop windows and estate agents windows. I'm surprised the agent hasn't offered another property to her?
Even a BB for a short period might be a opition to her, even with a small child, there are many family BBs around.
You state your sister didn't sign any housing contract with the agent? Did she give any money to the agent as a depoist? to secure the property!!! This can be deemed as part contract if money/depoist has exchanged.

Your sister can visit the local council, and registere as homeless, with a small child she will get more points, but it will still take time for her to be offered housing from them. There will also be housing assocations in the area to register with.

Good luck in helping her find housing and hope all works out.
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Old 27th October 2007, 18:18   #3 (permalink)
MrShed
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Default Re: please help, homeless soon.

Did she sign a contract with the letting agent? Did she pay a deposit? Does she have anything in writing?
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Old 27th October 2007, 21:50   #4 (permalink)
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Default Re: please help, homeless soon.

Hi
if the worst comes to the worst your sister can infact make a homeless application to that district council. because of the child the council will place her in crisis accommodation whilst they investigate her case. the council cannot refuse to take a homeless application so dont let them fob her off.

bear in mind though, that crisis accomomdation is usually guest house, B&B type accommodation. because of the child they will try to place her in self contained accommodation (she wont have to share facilities with anyone else). investigations (even though the council may think they already know the outcome usually take up to 6 weeks but at least this will give your sister time to get herself sorted out with alternative private rented whislt she is waiting for her name to come up on the housing register (if of course she wants social housing in the long run). if the district has choice based lettings scheme she can bid for properties available in her catergory once her name is on the list.

also bear in mind that any crisis accommodation offered may not be in the same district. nothing much your sister could do about that im afraid. if your sister is working she may have to contribute to the cost of the crisis accommodation but this is strictly income based and hopefully most of the cost will be covered by housing benefit.

oh yeah get your sister to check with the council if they offer a rent in advance and deposit scheme. seems only fair to me if your sister is having to use the start up costs on her own B&B/hotel costs that if the council operate this scheme that she be allowed to participate in it. if current coucil say no because no local connection she should ask the council she has come from if they will help.

i hope things get sorted out with the letting agents as well.

good luck
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Old 28th October 2007, 23:17   #5 (permalink)
Ed999
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Default Re: please help, homeless soon.

She can sue the letting agent for damages for breach of contract, if she had a verbal agreement with them that was legally binding. A contract is valid even if verbal, provided money has changed hands.

If she did not pay them, she is unlikely to have a legally binding contract with them.

There is always difficulty in proving the terms of a verbal contract. The old maxim that a verbal agreement isn't worth the paper it's written on!

She would need to engage a solicitor. It would be too difficult to sue on an unwritten agreement without specialist help.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
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