letting agent refusing refund

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    letting agent refusing refund

    This is going to be confusing, so sorry in advance! We were supposed to be moving into a property in September. The landlord was moving to another property.

    Turns out the tenants in her other property wouldn't leave, so we have been left hanging waiting for a date to move as she is currently living in the house we are waiting on renting. Turns out she has served the other tenants with a section 8 and section 21, court date is on the 20th November. I spoke to the estate agent today to see if there were any updates, and he has been told that the landlord will be getting possession of the other house on the same day as the court. Is that possible? As far as the landlord is concerned they are moving into this property on the 20th so that we can have the property we are waiting on.

    As far as I can see this guy will get a minimum of 2 weeks notice given to him by the courts, I've not read anything saying he has to leave that same day?!

    Any advice? Thanks.

    #2
    The landlord may be granted a possession order on the court day with a Section 1 BUT there is usually a date set of 21 in the future and sometimes up to 42 days if the tenant has requested it because they cannot find alternative accommodation or have 'mitigating circumstances'.

    Even then the tenant may not leave the property and an application will have to be made to the court bailiff and a fee of £110 (I think) be paid. Again there will be a wait for bailiff of up to say 3 weeks depending on the area.

    With a Section 8 the court order usually stipulates 14 days but there is no guarantee the tenant will go on that day - again the court bailiff may have to be sent for - another wait etc, etc.

    Even if the tenant leaves will the property be fit for habitation? Sounds to me like your prospective landlord and agent are a bit previous.



    Freedom at the point of zero............

    Comment


      #3
      I have no idea, I thought that but the landlady has said she will be straight out of 'our' house and into this other one so that we can move in as we were supposed to be in in September!

      I'm hoping to be honest the people just go before court date as really wanted to be in before Christmas!
      Fingers crossed anyway. Thanks.

      Comment


        #4
        To be brutal .............

        Section 8 / 21 court dates / possession/ bailffs / etc have nothing
        to do with you.
        The current tenant will not move out until the bailiffs force him/her out.
        Then the place has to be cleaned, and often, the place could be trashed.

        You were promised accomodaton inSeptember, it is now November,
        and the tenant MAY be out Christmas, but i doubt it, then you are
        into January.

        The landlord has failed to supply accommodation as promised.
        failed in September, Failed in October, Failed in November, and
        will fail in December.

        Tell the landlord you have found some where else to stay, as they
        cannot supply accomodation in September, October, November,
        December and if the 42 day rule applies, January as well.

        You want all your money back for failing to supply as promised in
        September.

        Walk away, go find somewhere that is ready to move into.
        Walk away from this mess.
        Walk away from uncertain move in dates.

        5 months !!!!!!!!!!!!!!!!!!!!

        Rent somewhere else.

        R.a.M.

        Comment


          #5
          Thanks for the reply. I have paid a holding fee to my estate agent for the property, I have mentioned having it back and they weren't too happy I had mentioned it, I would expect to be able to get it back though yes as have been waiting a long time now. If it was as easy to find another place, I would. It needs to be in the same area and accept pets and housing benefit, and it took me 6 months to find this place that accepts it! I have been looking for somewhere else in the mean time and if somewhere had come up I'd of requested my money back, but as said people aren't interested in tenants that want pets and housing benefits unfortunately!

          Comment


            #6
            Just bumping this up as court was yesterday for the landlord. Estate agent has told me that bailiffs are booked to get the tenants out on the 30th. That seems weird to me as never read that bailiffs are there that soon, bit worried he is just trying to keep my quiet every time by giving me a date and an excuse will come up on the 30th! Has anyone ever known of bailiffs going in only 10 days after court? I thought generally they got a date to leave by, then if not gone she would have to sort bailiffs out, seems bailiffs have been booked straight away.

            Thanks.

            Comment


              #7
              They are either misleading you, or mistaken.

              Ask for confirmation.
              Bailiffs write to the landlord with a date and time. Ask to see this paperwork.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Thanks, so theres no chance bailiffs will be there on the 30th? I asked if estate agent was sure and he said thats what the landlords told him that bailiffs are booked for that date and she will be out of 'our' house the same day... Only way I can find out for sure is by ringing the landlord and asking I guess.

                Thanks for replying!

                Comment


                  #9
                  More information now after speaking to the landlord... Apparently the tenants were at court and got away with alot of stuff, the tenants have signed an agreement to be out on the 30th at the latest, so what does this mean? Bailiffs aren't apparently going to be there, but after the 30th they can go straight in.

                  Any ideas on what this is meaning, will they definitely be out by then or can they still sit there?

                  Thanks.

                  Comment


                    #10
                    The tenants "signing an agreement" means nothing.
                    Ask the landlord "Did you obtain a possession order"? If the answer is "Yes", then ask "What date does it expire"?

                    If the answer to question 1 is not "Yes", and the answer to question 2 is not a date, then get your money back.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      The tenants will have protection under statute, thus a contract is superseded by statute as it is supreme. As stated any signed agreement to vacate is simply worthless
                      [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                      Comment


                        #12
                        The money I have paid is a holding fee that was paid to the estate agents, I have mentioned to them about having it back if I found another house and they 'aren't sure' that would be possible, I can only get it back if the landlord pulls out apparently.

                        I think she has got the possession order and the date is the 30th, but that doesn't mean the tenants will leave does it. Apparently it came out that they have done this before too!

                        Thanks.

                        Comment


                          #13
                          The contract would become frustrated, ie unable to be performed thus you're entitled to the money back.
                          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                          Comment


                            #14
                            I did think it would be able to be paid back, I paid it on the 4th September to move in on the 24th September! I'd of thought they would atleast be able to use that money against another house they advertise if it was suitable for us. Estate agent seems quite happy to keep stringing me along with different dates all the time! Think I'll see what happens on the 30th, then ask about being refunded if it goes wrong, which is highly likely!

                            Thanks.

                            Comment


                              #15
                              Unfortunately, most Estate Agents don't really have any grasp of contract law - makes it difficult to explain to them the basics. I think you've been more than fair to be honest.
                              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X