Signed a tenancy agreement a week ago, now landlord wants to back out

[shockr23]

Hello,

So 2 friends and I signed an Assured Shorthold Tenancy agreement about a week ago. The period was to start on August 1, 2008 and run for 12 months. After some negotiation the landlord agreed to 720pcm.

Since that time, the landlord has been in contact with other groups responding to his ad, and they're willing to pay 900pcm or so he says.

My worry is that he will tear up the contract, sign another group, and we'll be out of luck (at least thats what it sounds like he's going to do).

We haven't given a deposit yet, it's due in one week (This was agreed to verbally, there's nothing in our contract) ---- but at this point, I'm not sure if he'll put it into the deposit protection scheme or just pocket it. As you can tell there's already a lack of trust. Furthermore, he's supposed to replace the carpet, repaint the house, and provide us with sofas (it's stipulated in our contract)...I'm worried he won't do this to 'get us back'.

Anyways, I'm just wondering, if he does back out of our agreement (reason: He wants more money) what are my legal options? If we were to take him to court, would we actually be entitled to any money since our agreement hasn't even started?

Thanks!

[389shell]

Have you got a copy of the signed agreement?

[shockr23]

Yes. Also have interior photos of the property and a seperate agreement regarding the repainting / recarpeting of the property along with an email. All were signed.

In the agreement, there is nothing that allows the landlord to breach the contract or prematurely end it (unless we have breached it, which we havent since we have yet to move in). There's also no mention of any 'penalties' for not honouring the contract.

I have attached a link to the terms / conditions of the agreement for you to take a look at if you'd like (PDF) - sorry for the quality.

2shared - download TandC.pdf

Thank you!

[389shell]

Hi,

Sorry, I can't seem to open this.

[Aequitas]

If you have both signed the agreement you are both bound by it.

[shockr23]

Thanks

So we are indeed both bound by it. What are my options if he breaks it? I guess what I'm really wondering is, if he broke the agreement, could I actually take him to small claims court, and what exactly would I sue him for (breach of contract?). Would I actually be able to claim damages / money for breaching the contract since no money has exchanged hands yet?

I also read somewhere that if we are not given possession of the property on the date stated in the contract, we could get him in a lot of trouble for illegal eviction. Is this correct?


Anyways thanks again, I really appreciate the advice!

[Aequitas]

Originally Posted by shockr23

What are my options if he breaks it?

You can sue for specific performance, that is an order requiring him to comply with the agreement.

and/or

You can sue for damages. They will certainly include any losses you incur by reason of his breaching the contract. Whether there would be any "punitive" damages because he is breaching the contract to get more elsewhere, I would not like to say.

Originally Posted by shockr23

I also read somewhere that if we are not given possession of the property on the date stated in the contract, we could get him in a lot of trouble for illegal eviction. Is this correct?

No. If you are not in possession, you cannot be evicted. Also, although you have an agreement, no tenancy actually arises until you go into possession.