Amasing situation first day i moved in my flat

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

  • Amasing situation first day i moved in my flat

    Good Morning
    I want to apologise first for my english, i'm actually not a born english person.
    So that the story:
    A week ago i found a flat to rent by an agency, this one not doing the management of the property so the landlord doing it by himself.
    We sign a AST agreement and a contract of 12 month with 6 month break close as usual. The landliord, my 3 friends and i signed all of us the contract, so far everything good.
    Then we moved in the 28th during the day but still have our previous flat s we decide to stay for the last night in the previous one.
    On the 1st of march, we want in the afternnon to our new flat and how surprise we were to find bags and luggage from other tenants!!!!
    We then call straight away the agency (by the way really friendly and helping people) and the landlord to explain us what's going on.
    The agent told us not to let coming in any person and the landlord change the locks of the property.
    Few hours after someone tried to get inside and the agent and landlord stay outside to speak with him.
    Apparently the Landlord ask 2 agencies to market the property. The one we dealt with let named it A and the other one B. So the agencie B offered those tenants to the Landlord who are by the way DSS tenants. He refused the proposition saying that he found someone for the property and ask the agency B to give up about the property. But what it seems to be it's that the agency B passed over and sigh a contract with the DSS tenants.

    To be honest i really worried because i don't no who is the legal tenant in this case and i don't want to leave in the street.

    So my questions are :

    1/ Is an agency can sign for a landlord a contract without his authorisation and even when he clearly refused it?

    2/ In this case we were the first to move in so do we have the priority on the property as tenants?

    3/ And then if it's yes for the 1st one and No for the 2nd and you think that we can be kicked out, do you have any 3 dble bedrooms flat to rent???

    4/ But if you thing that we are in our own rights whom we should contact to be sure that we won't have any trouble.
    Thanks in advance for your reply
    Last edited by bgnanou; 02-03-2007, 03:24 AM. Reason: orthographe

  • #2
    This is a complex situation but requires instant action.

    It seems that you have a valid AST from the landlord.

    Do you now have the keys to the new locks?

    If so move in.

    Tell the landlord and "your" agent that you will regard any future attempts by alleged tenants of other agents to gain access, as constituting harassment. Ask them to assure you steps have been taken to prevent this happening.

    You cannot be "kicked out" without the landlord issuing you with a proper S21 Notice and this will not come into force for six months.

    Suggest if this does not sort out the situation you contact Shelter for personal advice.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


    • #3
      Thanks very much for the reply and the advice.

      Comment


      • #4
        Did the other tenants actually have their belongings inside the property when you arrived - had they entered the property after being issued with their set of keys before the lock was changed?

        Comment


        • #5
          I agree with Worldlife.
          Although A2 is causing the problems, that agent's actions are imputed to L. It is for L to stop A2 letting without L's authority. That leaves A1 in the clear, and it enables bgnanou and co-tenants "quiet possession" which is an obligation of L.

          ...and almost certainly bgnanou's English is much better than our French!
          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).

          Comment


          • #6
            As a LL, I had a similar experience although not to that degree. Bit complicated to explain, but the end result was that agent B had to back down as I had not authorized them to act because I had not been shown their T&C's which I had requested prior to authorization.
            ASSUME NOTHING - QUESTION EVERYTHING!

            Comment


            • #7
              Firstly thanks for to all your reply which were useful.

              To reply to Bebeer, we moved in first on the 28th, then during the 1st day, when we were working, the other tenants moved in and obviously have seen our belongings inside the property. And they get a set of keys before the landlord change the locks, the L is in our side.

              So he sent us a friend of him who is working as bouncer in a night club, just to help us in case.

              I finally spent my almost day inside the flat and wait for the other tenant to try to come in. they came and try to come in by breaking down the door, so i call the police nad they run away. Few minutes after the dodgy agency arrived and tried to come in as well, saying that they,ve got papers who authorised tehm to come in. I didn't let them coming in until my Landlord told me that everything was clear. And the funny part of this day is we couldn't open the door because when they tried to break the door they just broke the lock so we were closed inside!!!!

              Anyway we moved all their stuff trought the window for the agency and they give everything back to the other tenant. Actually the agency said that they will sue the Landlord but he didn't seem really afraid about that.

              So far everything is going clear and peacefull.


              For Jeffrey : How did you find out that i'm French???

              Thanks and i'll come again on this forum it's full of good advice.

              Comment


              • #8
                Originally posted by bgnanou View Post
                For Jeffrey : How did you find out that i'm French???

                .
                Not to steal Jeffrey's thunder but your composition is typically the way a French speaker would put things AND your "reason for editing" is "orthographe."

                Glad that it worked out for you, despite an eventful first day in the flat!

                Comment


                • #9
                  Typically French to post three threads when one will do
                  Vic - wicked landlord
                  Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                  Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                  Comment


                  • #10
                    How do we know you're French?

                    a- You used 'leave' instead of 'live'. Speakers of French and Italian commonly make that error.

                    b- your question : "1/ Is an agency can sign .. " is a good indicator of your L1.

                    In French you say "est ce que l'agence peut...". Right?

                    That was fun!

                    Good luck!

                    Comment


                    • #11
                      That's right!!!
                      I knew that French people have an accent when they are speaking, but i didn't know that we have as well this accent when we write...

                      Comment


                      • #12
                        Originally posted by bgnanou View Post
                        That's right!!!
                        I knew that French people have an accent when they are speaking, but i didn't know that we have as well this accent when we write...

                        I would say that you could well be more "accented" in your writing than your speech! I studied French as part of my university degree and lived in Strasbourg for a year. Many French people were surprised that I was not French after speaking with me (though some thought I was from a different region) but I would bet money that they would have detected discrepancies in my written French!

                        Comment

                        Latest Activity

                        Collapse

                        • Mice in the flat - what to do?
                          JP23
                          We have had mice for a while now. There's only one or two that we see (we're not overrun) but still, they've left urine stains in our cupboard and behind the skirting it's ridiculously filthy and soiled.

                          Are we legally able to pay for a cleaner then subtract it from our rent next month...
                          26-07-2017, 06:02 AM
                        • Freeholder Scaffolding Over My Flat
                          Jcg76
                          I have a leasehold studio flat with a garden in London that I rent out to tenants.
                          Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
                          24-07-2017, 21:20 PM
                        • Reply to Freeholder Scaffolding Over My Flat
                          Jcg76
                          Are you effectively saying it is standard for a freeholder to have access to build?
                          I have looked at the lease, can anyone advise on someone that make the lease clear to me?...
                          26-07-2017, 06:01 AM
                        • Tenant application form
                          Elum
                          Hi all!

                          So we are just about to put our flat on the market to rent is there anywhere we can get a ODF application form that we can email to any prospective tenants?

                          Thanks in advance,

                          Liam.
                          25-07-2017, 20:14 PM
                        • Reply to Tenant application form
                          AndrewDod
                          You really need two forms.
                          a) A simple one for first-pass selection containing your basic questions. The point of this one is to help you decide if you are going to waste any time at all (and the tenant's time), even on a viewing.
                          b) A much more complicated one (have you ever failed to leave...
                          25-07-2017, 23:54 PM
                        • Reply to Freeholder Scaffolding Over My Flat
                          leaseholder64
                          I would expect any competent solicitor to have drafted the lease to give as many rights of access for building and repair as the freeholder was likely to want. You'd need to look at the lease to know.
                          25-07-2017, 22:57 PM
                        • Non- protected deposit, and disputes
                          Stybdmy
                          Q1 – Where is the rented property located? England

                          Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

                          Q3 – What date did current TA start 01/11/2016

                          Q4 – How long was initial fixed term 6 months
                          ...
                          24-07-2017, 12:25 PM
                        • Reply to Non- protected deposit, and disputes
                          KTC
                          If by that you meant that an application have been made for voluntary striking off the company from the register, then you need to contact Companies House to object to it on the grounds that 1) it has traded or otherwise carried on business within the last 3 months 2) that you are a creditor and that...
                          25-07-2017, 22:55 PM
                        • Burglary Damage - Who Pays?
                          Pb21
                          Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
                          25-07-2017, 11:40 AM
                        • Reply to Burglary Damage - Who Pays?
                          bergerac
                          Would the same ring true if a tree had crushed the roof? Or some non-act of God event? Surely there is a limit to where the tenants responsibility ends and the landlord's begins?...
                          25-07-2017, 22:07 PM
                        Working...
                        X