Landlord Hasn't Delivered Keys

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    Landlord Hasn't Delivered Keys

    Hi, just looking for some advice. To cut a long story short I was meant to be moving to a property today under an AST. I have viewed and signed up to the propert through an agent who was meant to be in possession of the keys today and who called 15 minutes before we were due to move to say the landlord hadn't dropped the keys off.

    I had paid money for the remaining days in this month which I will not have access to the property for as it's now a weekend/bankholiday! Am I entitled to a refund of this rent? I have also been inconvenienced through having a removal arranged for today and having to use a day of annual leave on Tuesday to move. Should I be asking for compensation for this?

    More than anything I can't believe I'm sat here paying for a flat I can't get access too! All because the landlord Landlord company aren't open weekends and bank holidays!

    Thanks in advance!

    #2
    I'd have thought you should either be given a refund of the rent for the few days, or be able to alter the dates of the lease. Strictly speaking your tenancy has not commenced until you take possession. Not being given keys has prevented you from doing that.

    I doubt unfortunately that you can get compensation for the day off work. You might try to argue that you are no longer able to take possession until NEXT weekend (and require the dates to be adjusted accordingly) unless they can compensate for your lost work day.

    On the other hand it's not a very friendly start to your tenancy; you might feel that in the interests of landlord relations that it's best to just let this one go? The LL might apologise and offer you a small compensation, or reset the date of the lease, anyway.

    I really don't know though (please see signature!)
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    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

    Comment


      #3
      Originally posted by dan10 View Post
      I can't believe I'm sat here paying for a flat I can't get access too! All because the landlord Landlord company aren't open weekends and bank holidays!
      Just a thought .,..

      * If you have paid your deposit, your rent in advance, signed everything, ( as if you had the keys, etc ) Then if the property is unable to be lived in, then the landlord should make available alternative accommodation, at his cost.

      But I know this is not possible as you cant get to the agents for the keys till Tuesday, assuming the keys arrive tuesday or contact the agents till Tuesday.

      If you had to put yourself up for 3 days because you travelled 200 miles with all your belongings, and had to stay 3 nights somewhere because you had left your previous abode ( your tenancy ended )and were effectively homeless due to the landlords actions, you could be in a strong position for compensation.

      I am not saying this is what you should do, or even go in the direction mentioned, but you were promised accomodation, and the landlord prevented you from accessing that which you were promised via a legal contract.

      Compensaton should be offered, in the light of above ( assuming * was in effect )

      R.a.M.

      Comment


        #4
        Originally posted by dan10 View Post
        an agent who was meant to be in possession of the keys today and who called 15 minutes before we were due to move to say the landlord hadn't dropped the keys off.

        the landlord company aren't open weekends and bank holidays!
        Did you suggest that the agent arrange for a locksmith to come round to let you in, and charge the cost to the landlord?

        Comment


          #5
          If T is not given keys, L is in breach of the "quiet enjoyment" obligation. So T definitely should claim costs or damages.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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