Here is my story.

[foxyoriental]

I have been privately renting since June 08. I have signed a contract bought from WHSmith. Recently, I have been given a verbal month's notice by my landlord. I am suppose to be out of the flat by the 9th of April. Within that month, I have been searching for a new accommodation and eventually found one from a Lettings Agency. The flat I found was still being occupied by the tenants who want to leave earlier than stated in their initial contract which I think is 6 months. Despite them still being there, I went for the flat and went through the usual process of referencing and the whole lot. The tenants have been informed that I have to move in by the 9th of April. Come that day, they are still there. Its now 16th of April and the tenants still haven't given us a date for when they are moving. I have already ask my landlord if I can stay for another week and asking for another week might be pushing it. I am now homeless (well, squatting at a friend's place)!

I need advise ..... PLEASE!!!!

[thevaliant]

Technical point on a rolling monthly contract:

Landlords must give TWO clear months notice (not one - irrespective of what your contract says).
Tenants must give ONE clear month notice.

You shouldn't have worried about moving out of your rented home. The landlord couldn't get you out for another two weeks yet!

Plus, Landlord must give PROPERLY WRITTEN served notice. Him ringing up and saying, "I want you out next month" isn't good enough. You could have stayed another TWO months still!

Problem - This is probably what the other tenants know that you don't. They could take months to get out if they know the law.
Look elsewhere, you'll find somewhere.

[foxyoriental]

So I guess I can't do anything about the other tenants.
Can the landlord or the agents do anything? The current tenants want to break the contract and have been contacting the agents daily, pushing them to find a new tenant. Now that they have found one, they're being selfish. I've paid all the required fees and withdrawing my interest might cost me.

[harry1001]

foxyoriental,
the fee that you paid, was it to get on the books of the agency or on the basis that you would get this particular flat? Did it get as far as signing a lease? Do you have anything in writing? Have they offered any other accommodation to you?

Hugh

[foxyoriental]

I've paid the whole 6 weeks deposit, 1 month advance including agent's fee/referencing.

They have offered temporary accommodation but not in an ideal location. Should the lettings agency shoulder all the cost (i.e. temporary accommodation and moving costs)? Would they be partly to blame for advertising a flat which is still occupied with no exact date of the flat being vacated?

[thevaliant]

I've paid the whole 6 weeks deposit, 1 month advance including agent's fee/referencing.

They have offered temporary accommodation but not in an ideal location. Should the lettings agency shoulder all the cost (i.e. temporary accommodation and moving costs)? Would they be partly to blame for advertising a flat which is still occupied with no exact date of the flat being vacated?

Yes! Consider asking the agent for:
The monies you've paid them

If they don't 'play ball', sue them!

[harry1001]

yes, until you've received correct legal advice, don't accept the alternative accommodation, as a) it might end up you being there for much longer than you would want and b) it might prejudice your chance of getting a refund if the original property doesn't materialise.
Your best bet might be to say that you want a refund in full as the present situation is unsatisfactory. On the face of it you should be entitled to a full refund.
Again, did you sign a lease for the first property and do you have a copy, and what other paperwork do you have?
Can you continue to use your friend's place for the time being? Otherwise PM me - might be able to help.

harry

[foxyoriental]

I did not go for the temporary accommodation they have offered as it will pose more inconvenience in the long run. They will refund the full amount if I decide to withdraw from this property. I have not decided whether to pursue or withdraw as I am hoping to get a definite moving in date from them by the end of today. If they can't give me a date by the end of today then will start searching again. I'm hoping that agents can just pass on details and cut time on referencing.

I can continue staying with a friend but that means unsettled mind and living on boxes.

[thevaliant]

You still haven't answered whether you have SIGNED for anything? If you HAVE, they are in breach of contract (or rather the landlord is) and as well as suing for all monies paid, you may be able to sue for alternative accomodation costs.

[foxyoriental]

I haven't signed any yet.