Landlord withdrawing before start of tenancy

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    Landlord withdrawing before start of tenancy

    Hi all,

    I was due to start a new AST with my current landlord (and a new housemate) from August 1st. It had all been arranged by email, with the only conditions explicitly stated being getting a suitable reference. No mention was made of there being an agreement to be drawn up in the future, or any other checks. In fact, we'd already been asked to apply for council tax exemption for the property, and were told "you can adopt a cat when your lease starts in August". All of this led us to believe we had the lease secured. (We hadn't paid a deposit, but also weren't asked for a deposit)

    Our landlord has now got in touch to say they have decided not to let the property in August so we will have to find somewhere else to live. Obviously this leaves us in a bit of a pickle - is there anything we can do to stop this, given everything seemed agreed? Thanks

    #2
    I suspect that until you have signed the AST or paid the deposit/first months rent then you have no lease, at any point up until the point of signing the landlord and/or agent can find something in the references or other checks that they do not like and pull out, that is what a signed agreement is there to avoid but given nothing was signed i cannot see what redress you have........ i may be wrong here and await other more erudite members opinions.

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      #3
      A tenancy contract doesn't need to be signed to be valid and a promise of a tenancy may constitute a verbal contract. Do you have any evidence of the promise? Emails? SMS? Unless you have very good good evidence of an offer then I think you would struggle to force the landlord to honour the agreement. You should probably look for something else urgently.

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        #4
        You are probably in the right and you possibly have a case against the landlord.
        But, in reality, there's probably nothing you can do about it (in time to be actually useful, at least).
        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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          #5
          We have an email with "Hi, here's the proposal for next years lease" which goes on to detail start date and price. As we emailed to accept and then had further contact to sort council tax etc, I agree there's possibly reasonable evidence. I'm in the fortunate position where I have alternative accommodation available with a friend, so as it's a dream house I think I'll kick up a bit of fuss and see if the landlord will change his mind. Especially as he's a priest, I'm hoping to appeal to a moral compass! (and then the bishop if he needs a bit of encouragement). Are there any avenues I should look down if I decide to attempt legal action?

          Comment


            #6
            Originally posted by plsdowork View Post
            ...my current landlord (and a new housemate)...
            So you are currently a tenant?

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              #7
              Tenant(s) (not LL) resp for C Tax (unless an a HMO).

              Comment


                #8
                Originally posted by plsdowork View Post
                We have an email with "Hi, here's the proposal for next years lease"
                If its a proposed lease then I think its still at the negotiation stage and not yet a contract. I think you wouldnt really have any basis to sue.

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                  #9
                  Originally posted by DPT57 View Post

                  If its a proposed lease then I think its still at the negotiation stage and not yet a contract. I think you wouldn't really have any basis to sue.
                  This is what i think, a proposal is exactly that, something in the planning or pre-contract stage.... i would let this one go, it can not be that good for you to attempt legal action surely.

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                    #10
                    Originally posted by Hudson01 View Post
                    I suspect that until you have signed the AST
                    You do not sign an AST; an AST is an intangible object.

                    You sign a contract or agreement for a tenancy, which becomes an AST if the conditions are right.

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