Tenancy agreement - signed but problems!!!

[Chris2332]

Hi all,

 

Please bear with me on this one cause I want to give you exactly how the situation is so you can give me proper advise if possible.

 

I wanted to rent a new flat and I have done a couple of viewings last week.

 

I finally went to the agency (Foxtons) and singed the tenancy agreemtn after we have agreed on everything. There is just a slight problem from my side.

 

I was expecting some funds (I was sure that they would come thats why I signed) to come in to my account so I can pay the deposit, the first month's rent as well as Foxtons' fees. Unfortunatelly these funds are not available any more and I don't have any money to move to the new flat.

 

As you can understand I want to get out of this tenancy agreement. Foxtons only have the tenancy agreement signed and a direct debit order signed along with a photocopy of my passport. I haven't paid any deposit or anything, I haven't provided any references or any bank statements. So effectively the landlords (as Foxtons claim) have signed without seeing any references)

 

I had a chat with the manager and told them by mistake that I signed last Friday (I actually signed on Monday evening) and he told me that the landlors have already spent thousands of pounds over the weekend (since he supposedly let them know i signed on Friday) to buy new sofas etc.

 

As you can understand this is a lie since I haven't signed on Friday and the guy who was present and a witness to me signing told me that the landlords returned to the country on Monday.

 

Anyway, I would like some advise on how to proceed since I can't afford to move and I am pretty sure Foxtons and the landlords will push it to the end.

 

Is the tenancy agreement still valid since I haven't paid anything and haven't provided any of the paperwork?

 

Thanks in advance...

[Chris2332]

Guys anything???

[Aviva]

I don't know much about how you stand legally. My feelings are the TA is valid but that you could be found to have broken any terms and conditions about paying a deposit, etc.

 

I would give Shelter a call on this. I've never come across this as all my landlords and letting agents have always asked for deposit and rent in advance to be paid in cash or by bank draft at the same time as the agreemant was signed. It's been the same for all my friends.

 

It would seem that Foxtons have made a serious error by not doing this but whether this will work in your favour I am not sure.

[Chris2332]

Thanks for your reply Aviva. I would expect the same to be honest. At least for the landlords... all my previous landlords would not sign the contract unless I have paid the deposit or something to the least.

 

Now, not only I have not paid the deposit but I haven't provided any references or any other documentation. If I was the landlord I wouldn't sign to let my property before I got references and a deposit.

[Kentish Lass]

Although you have signed the document, you have not taken the keys or moved in. If Foxtons try to enforce the agreement, contact the Landlord direct and explain that you were surprised to be persuaded into signing the document before the deposit/rent in advance was paid or any referencing had been carried out, but that you assumed this was how they did things. (You are right - this is not how things are don - and if Foxtons were my agents (never in a million years....) I would be firing them).

 

It is Foxtons error and they will not want to admit it. Just say that you are not paying, you have not moved in, you have not taken the keys - you are not the tenant!