Landlord postponing moving date

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    Landlord postponing moving date

    Hello! I need your help!
    I signed an AST, paid first rent and deposit, and was supposed to move two days from now. However, the landlord wants to postpone the date, without even giving me an estimate of when it will occur.

    He says I should go to an AirBnb, but that I should pay for that myself, and he would not charge me for September's rent.

    After paying rent and deposit, I obviously cannot afford to pay an alternative accommodation. What can I do? What are my rights?

    Thank you.

    Q1 – Where is the rented property located - England

    Q2 – What type of Tenancy Agreement (TA) is this - Two tenants (me and husband), whole property.

    Q3 – What date did current TA start dd/mm/yy? It was supposed to start on 4th of August

    Q4 – How long was initial fixed term (6/12/24 months / other)? 12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Per calendar month, every 4th

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes, it was paid 10 days ago.



    Q8 – Does the landlord live in the same property as the tenant? No


    #2
    Complete and paste https://forums.landlordzone.co.uk/fo...om-new-posters.

    Comment


      #3
      I would think that you have a valid tenancy and unless the place has burnt to the ground then he needs to either pay for your alternative accommodation or allow you to turn the key on the start day on the lease....... unless others on the forum can offer other guidance. It is ridiculous that he is not forthcoming with any kind of explanation.

      Comment


        #4
        I agree, but he says he does not have to provide alternative accommodation, as he is going to “discount” rent in September. But I don’t have money NOW. He is being very very stubborn and I would like to know who I can talk to in order to enter the flat or get my money back.

        edit: I mean, where do I find this law/rule? I am a lawyer but not in the UK, so I am pretty lost.

        Comment


          #5
          Your tenancy hasn't yet begun, but you do have a contract and the landlord has an obligation to provide you with accommodation. If you find a suitable short term option he should pay for it and keep your rent. If he wont then I suggest you demand your money back and the contract cancelled immediately, as things are then obviously not going to work out with this landlord. If he wont do that either you would have to sue him for redress. You may be able to use a credit card to pay for a b&b and sue him for the costs and any credit card interest, but you should consult a lawyer before doing that.

          Comment


            #6
            As Tenancy has not yet commenced LL does not have to find you alternative accom, (despite signed AST) but should be expected to pay your out-of-pocket expenses until the property becomes available.
            Sounds like his current T has not yet vacated.

            Comment


              #7
              Originally posted by luciola View Post
              I agree, but he says he does not have to provide alternative accommodation, as he is going to “discount” rent in September. But I don’t have money NOW. He is being very very stubborn and I would like to know who I can talk to in order to enter the flat or get my money back.

              edit: I mean, where do I find this law/rule? I am a lawyer but not in the UK, so I am pretty lost.
              It's basic contract law (it would be different if the tenancy had begun, but it hasn't.

              You and the landlord have a contract, and he is about to breach it.
              You would be entitled to compensation for any loss arising from the breach, which you are obliged to mitigate.
              So the cost of somewhere else to live would be reasonable compensation - the rent for the first month isn't going to cover it.

              Your best bet is a solicitor, but that will cost money.
              Otherwise, Trading Standards is a state service available to assist - but is poorly resourced and you'll spend a lot of time on hold.

              I'd consider simply demanding your money back as there's no way this is going to work.
              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


                #8
                If existing tenant hasn't moved out yet, chances are they might not move out for months.

                I.e. make alternative plans.

                But as stated above you have a valid solid contract (but not yet tenancy).

                So ask nicely for breach of contract expenses:. If not paid sue. Do you have your own copy of contract please?

                Good luck,might not be easy to resolve.

                Stupid Landlord to take all the money and sign.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Thank you all for your responses. I am chasing legal advice. I demanded my money back but he says he does not want to terminate the contract - only wants to postpone the moving date.

                  I will give you an update when this is solved. Thank you again and have a lovely week.

                  Comment


                    #10
                    I'd stick with demanding money back, and perhaps refer this scr**t of a landlord to this thread, and/or inform landlord you are minded(**) to both...
                    a) referring him to trading standards for fraud as per section 2, false representation, of the fraud act 2006 see
                    https://www.legislation.gov.uk/ukpga/2006/35/section/2 -
                    - a criminal act, plus fines &
                    b) and considering suing him small-claims for your losses & expenses.. &
                    c) suing for up to 3xdeposit due to his breaching deposit protection regulations

                    (**) Minded means thinking quite positively about, rather than defintiely will do something
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      I'd be suspicious that it's a con.
                      Offering a property that he doesn't own or have any way of letting.
                      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 theartfullodger View Post
                        I'd stick with demanding money back, and perhaps refer this scr**t of a landlord to this thread, and/or inform landlord you are minded(**) to both...
                        a) referring him to trading standards for fraud as per section 2, false representation, of the fraud act 2006 see
                        https://www.legislation.gov.uk/ukpga/2006/35/section/2 -
                        - a criminal act, plus fines &
                        b) and considering suing him small-claims for your losses & expenses.. &
                        c) suing for up to 3xdeposit due to his breaching deposit protection regulations

                        (**) Minded means thinking quite positively about, rather than defintiely will do something
                        Thanks, that's super helpful.

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          I'd be suspicious that it's a con.
                          Offering a property that he doesn't own or have any way of letting.
                          This crossed my mind, of course. Land registry says he is the owner.

                          Comment


                            #14
                            Originally posted by theartfullodger View Post
                            c) suing for up to 3xdeposit due to his breaching deposit protection regulations
                            Except he hasn't done this yet.
                            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
                              It's the suggestion that this might happen that might "help" landlord simply return funds paid....

                              OP hasn;t stated when rent & deposit were paid: Could have been 31 days ago!

                              Cheers all!!
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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