Landlord/Agent withholding information, now almost homeless

[Peasimo]

Hi All, I hope someone can help me.

Basically, I found a flat I really liked, paid the deposit to the agent, had the credit checks done and was told that my moving date would be Friday 1st February. I sourced movers, cancelled utilities and organised everything. On Monday 28th January, at 7pm 7pm, received the terrible news from the agent, who had been avoiding my calls for days, that there was a squatter in the flat, which apparently the landlord knew about but the agent did not. I don't believe this for a minute.

I've had to pay extra money, which I wasn't expecting, to stay at my current flat for another week, but cannot stay at my current house longer than that as someone else is moving in. The squatter (a previous tenant who had access to the key to the property) has been issued with a court order to leave by this Thursday, but the landlord still can't tell me whether or not I can move in by the weekend. I MUST be out of my place by Tuesday,but I can't organise movers or plan anything until the landlord tells me when I can get the keys. The agent also has over £2000 of my money and my own money is running out fast.

I am at a loss and will be homeless from Wednesday morning if I can't move in. The agent who has my money, is currently on holiday in America and the landlord is also away until tomorrow morning.

 

They've said I will get "a few days" off paying the rent, but they haven't been specific about how many days, the letting agent has not sent another tenancy agreement and basically, I just don't know where I stand with all this.

 

Can anyone give me any advice? I'd be so grateful.

 

many thanks

[Steve__M]

Have you signed a contract? It sounds like you have not signed a contract, which would mean that the landlord/agent owes little legal obligation towards you. Which would obviously not be good.

 

Note that you do not have to move out of where you are. But you may be liable to costs if you stay. Is there any chance that the new occupier of your house has more flexibility?

[Peasimo]

I signed the original tenancy agreement, which was stated the date of my tenancy was 1st February and have paid the full 6 weeks rent deposit and the first months rent. The new occupier of my current flat is moving in next weekend (15th) and the landlord wants time to decorate the place before he moves in.

[Steve__M]

I suggest you read the contract to see what it says.

 

In normal circumstance, the landlord is now potentially in breach of the contract and would therefore be liable to pay for your losses - e.g. storage costs, costs for alternative accommodation and so forth.

[Peasimo]

Does it make a difference if I haven't received a copy of the tenancy agreement signed by the agent?

[Guest iolande]

Sounds like you have our letting agents . . . hope you aren't our tenants who were supposed to move in on the 1st of Feb!

 

If both parties have signed I don't think it matters that you have not received your copy of it yet (I might be wrong here). I know it is absolutely useless advice right now in your current situation, but if you ever sign anything that you have to hand over, make sure that you get a photocopy of it to take away with you. That said, can you not walk into the agents and request a copy of the lease you have signed? Then perhaps (if you have time) go and queue up at a CAB or similar?

[Steve__M]

If you don't have a copy, then it can come down to their word against yours. I would suggest you go around and ask for a copy. If they won't or cannot give you one then it may inform your view as to your situation.

 

As a recent smart-phone graduate, I now take pictures of all sorts with my phone, including pictures of contracts and terms and conditions.

[Peasimo]

I do have a copy of the agreement that I signed, both the original and an electronic copy, but I haven't got a copy with their signature on it.

[raydetinu]

Suggest you contact Shelter they may be able to advise.

The agent is acting on the owners behalf and if they offered you a contract and you signed and accepted it, thats it, irresoective of the LL or owners siganature.