can a landlord break a tenancy agreement before it starts

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    can a landlord break a tenancy agreement before it starts

    Hi All

    I had a singed tenancy aggregant with a landlord provided by an agency, 2 days before move-in , the agency called us and told the landlord could not move-out !!!
    in our contract, it is clearly mentioned that :


    A tenancy agreement is not, technically, a legally binding contract until it has been “executed” by being Dated, after both parties (or their authorised representatives) have signed; although it might be possible for either party to take legal action against the other if they withdraw prior to this date.

    so, since that we are not move-in into the apartment and he cancelled before the move-in date

    can he do that ?? what rights do I have ?? can I claim a damage ??

    Regards,

    #2
    It's definitely not a tenancy.

    Whether it is a contract depends on whether there has been both offer and acceptance. If you use e-commerce signs, you will see that they usually don't form a contract until they ship the goods. The web page selling the product is just an invitation to treat.

    If you do have a contract, you can sue for the costs involved in making alternative arrangements, but you must make those alternative arrangements in a way that minimises the cost.

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      #3
      we signed the contract over DocuSign, it also singed by landlord and the agency

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        #4
        why you said : It's definitely not a tenancy.

        they send us the complete contract after it used by landlord and agency, so if it is not a tenancy, why they use this type of contract ? is that legal at all ?

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          #5
          Its not a tenancy because tenancies only occur when the tenant takes possession of the property, which you haven't done. Its sounds like you do have a contract but as you can only sue for your losses you would have to work out whether its worth it.

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            #6
            I would contact the agency and point out that if the landlord is unable to allow you to move into the property, you will expect to be compensated for the alternative accommodation you will have to use until the property is available and ask if they have a preferred hotel or BnB that they would like you to use to keep costs down.

            The landlord can't just not honour the contract they've agreed.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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