Landlord is saying they cannot hand over keys on agreed move in date

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    Landlord is saying they cannot hand over keys on agreed move in date

    We have been in the process of agreeing a shorthold tenancy agreement for a few weeks, and have agreed with the agency to move in on monday. As a result, we have made arrangements to do so, such as renting movers and van, taking time of work, ending current tenancy, booking train tickets (as it is in a different city) etc...
    The agency called me earlier today to inform me that there have been people placed in the property temporarily while their flat has some works being done, and as a result i would not be able to move in until wedneday because the people who are now there temporarily, will be moved out on monday, and the agency said that they need two days to clean and arrange the property for us to move in. i explained that i have made all the arrangements to move in on monday as was agreed. All the agency said is that 'all they can do is apologise.'
    The contract has been signed and the agreed date was this monday. Is there anything i can do?
    thanks in advance.
    Last edited by zacko93; 20-06-2019, 18:17 PM. Reason: spelling mistakes; better wording

    #2
    The worst thing is that they told us this with just a few days notice. Theres nothing i can do to accomodate them as everything has been organised for us to move in on monday, not wednesday.

    Comment


      #3
      Assuming you have signed the contract ( A.S.T.) [ Assured shorthold tenancy ), paid the first months rent and deposit, then the landlord / agent is in breach of contract.
      They have contracted with you to supply accommodation from Monday and that is what they must do, even if they have to put you up in a hotel, and pay for storage of your belongings, and transfer belongings to your new home on Wednesday.

      If above rent and deposit is paid, then tell them you will be there Monday, as per contract, and they have to honour that contract and supply you with accommodation, and safe storage for your belongings / furniture etc.

      Other members on here may advise differently, but please confirm if contract signed, the agents have a copy of the signed contract, you have a copy of the signed contract ( with their signatures on as well as yours ) rent and deposit paid; so we can confirm if the above action can be taken.

      Comment


        #4
        Seems very unprofessional, and may be the way they operate with other matters in the future. If I were you I would write to them (so it's documented) that it is impossible for you to re-arrange everything at short notice. They should move those people into a B&B or something and get your proposed property cleaned over the weekend so that it is available for you at the scheduled time. I wouldn't personally accept Wednesday as that would mean another day when you will have to take another day off, as you would have to move into a temp. place on monday.

        If this is a national agency, I would speak the manager of the branch and take the matter up all to the main office, and also request the branches redress scheme and take the matter up with them. Also state in the letter that you any charges or missed days will be reclaimed back from them.

        Comment


          #5
          Originally posted by zacko93 View Post
          ...the agency said is that 'all they can do is apologise.'
          The contract has been signed and the agreed date was this monday. Is there anything i can do?
          Its not all they can do. They can put you up in a hotel or other suitable accommodation until the flat is ready and that is their obligation, although you would have to pay rent from Monday as agreed.

          Comment


            #6
            Originally posted by DPT57 View Post
            Its not all they can do. They can put you up in a hotel or other suitable accommodation until the flat is ready and that is their obligation, although you would have to pay rent from Monday as agreed.
            They could do that, but they're not obliged to.
            They're going to be in breach of contract and the party affected are, almost certainly entitled to compensation for any loss arising from the breach (which the to be tenants are obliged to keep to a minimum).

            The compensation would be due from the landlord not the agent (unless the agent is the landlord as well) and doesn't impose an obligation on the agent or landlord to find or provide alternative accomodation, just compensate for the tenant's reasonanble and equvealent alternative accomodation (and other associated costs).

            I agree that putting up the tenants somewhere is something that the landlord probably should do...
            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).

            Comment


              #7
              zacko93. This is what will probably happen, based on all posts, and other considerations.

              You are probably at work now, tearing your hair out.
              Some agents don't work on Saturday afternoons, and most if not all, don't work on a Sunday.
              And you wont be able to contact them after work, today Friday ( 5 pm )

              If you get hold of them Saturday morning, they will definitely say there in nothing they can do Saturday, because, and, they are closed Sunday.

              An email to them ( a letter wont arrive in time, ) but send copy of your email as a letter, and a copy with you for Monday, stating they contractually offered you accommodation on Monday, but have refused you this accommodation till Wednesday, therefore you have no alternative but to bill them for your alternative accommodation for Monday and Tuesday, plus the storage of your furniture, either at the removals firm, ( which may mean unloading your furniture into their depot,) or leaving the van fully loaded van idle on Monday and Tuesday, full of your stuff, if storage facilities are not available at the removals depot, plus lost revenue that the removals firm may charge you for either of their 2 options. ( 3 if they have to store them elsewhere ).

              You have to ensure the agent is fully aware they they are in breach of contract, and that you have it all in writing what will happen if they renege on their contract.

              Therefore, we HAVE to assume the agent will do nothing, ( they have already said so ) it's then up to you to secure alternative B & B for 2 days, and discus with the removals what they can do for you.

              Sorry you find yourself in this predicament, but it's now up to you to find temporary accommodation and storage for your belongings, then put in your bill, with receipts - keep copies, ( try and get all to give you an original and a copy )

              Comment


                #8
                The position may be different if the agreement was signed as a deed.

                Comment


                  #9
                  Originally posted by MdeB View Post
                  The position may be different if the agreement was signed as a deed.
                  Would you care to expand on that?

                  Comment


                    #10
                    thanks for all the help, the agency has agreed to move the other people into a different accomodation after having told them the advice given to me above. I really appreciate all the advice!

                    Comment


                      #11
                      Excellent.
                      Thanks for the update, good to know it's helpful.
                      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).

                      Comment


                        #12
                        Originally posted by Lawcruncher View Post

                        Would you care to expand on that?
                        It is my understanding that if signed as a deed the T may be in a stronger position, so the suggested approaches may differ from those already given (or may not; others know more than I do).

                        Comment


                          #13
                          Originally posted by MdeB View Post

                          It is my understanding that if signed as a deed the T may be in a stronger position, so the suggested approaches may differ from those already given (or may not; others know more than I do).
                          If an agreement says something like: A agrees to grant and B agrees to take a tenancy of X for a term of Y months commencing on Z at a monthly rental of W pounds the first monthly payment to be made on or before Z then that is a binding agreement. Saying the same in a deed does not make it anymore binding. Although such an agreement does not create a tenancy (the tenancy not starting until the tenant takes possession) that does not mean that it is not binding.

                          You can create a short term tenancy by deed but you need to use words of grant. The form of wording above in italics only creates an executory agreement, that is one where the main obligations (in this case the landlord giving possession and the tenant paying the rent) remain to be fulfilled. If the words are contained in a deed no tenancy is created. You need to say something like: A grants to B a tenancy of X for a term of Y months commencing on Z at a monthly rental of W pounds the first monthly payment to be made on or before Z. That wording contained in a deed creates a tenancy starting on Z come what may even if the tenant does not pay the rent.

                          Any contract where one party is providing goods or services and the other is paying for it does not need to be by deed to make it enforceable. A deed is recommended if there is doubt about whether there is anything which amounts to consideration. A deed is always advisable if agreeing an amendment to a simple (= not made by deed) contract and is a must if amending a deed. You also need a deed if you want the limitation period to be 12 years. You must use a deed where the law or a contractual provision requires it.

                          Caution needs to exercised in using deeds where they are not warranted. A deed is an instrument in solemn form and indicates a firm intention to be bound by all its provisions. If you make a statement in a deed it is conclusive and you cannot assert to the contrary in any proceedings.

                          See also section 45(6) LPA 1925:

                          Recitals, statements, and descriptions of facts, matters, and parties contained in deeds, instruments, Acts of Parliament, or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they may be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions.

                          Comment


                            #14
                            Originally posted by Lawcruncher View Post
                            That wording contained in a deed creates a tenancy starting on Z come what may even if the tenant does not pay the rent.[/I]
                            Would that wording in a deed create a tenancy if the tenant didn't take possession?
                            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).

                            Comment


                              #15
                              "Would that wording in a deed create a tenancy if the tenant didn't take possession?"

                              Yes.

                              Comment

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