New tenant finds landlord's relet to old tenant who's staying-on

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  • New tenant finds landlord's relet to old tenant who's staying-on

    Please advise, Very Urgent

    My daughter viewed a flat which had been advertised by a letting agent approx 3 weeks ago (at the time of viewing the outgoing tennent was present). Following the viewing she decided that she would take the flat and placed a deposit on the flat, paid legal fee's and subsequently paid the required advanced rental. Contracts were signed, guarantor forms duly filled in and signed, all documentation required by the letting agents returned and a moving in date was agreed (01/07/05). This was confirmed on three seperate occasions by the agents.
    Today (21/06/05) the agents contacted my daughter and informed her that the outgoing tennent has signed up for another period and she could not now move in and they would try and find something else for her.
    Her existing tennency (at another address - with another agent) expires on the 31/06/05. Her room within the shared house has since been let to another.
    Q. Can the letting agents allow the outgoing tennent to sign an extension of a contract after the tennent gave notice to quit and advertising the premises, and accepting monies from my daughter ?
    Q. If the outgoing tennent has signed after my daughter signed her contract and monies exchanged does she have priority claim to the right to occupy?
    Q. How do we argue our case with the agent ? (whom I beleive is trying to befuddle my daughter). If we are right in our assumption that the law is on our side can anyone site/quote chapter & verse, so we can use it to argue our case with the agents.

    Due to the urgent nature of my daughter's situation a speedy response would be much appreciated.
    many thanks Bob.

  • #2
    Well, you have asked for a speedy reply so here is mine. I don't vouch for it's accuracy though, so continue to visit this thread as I am sure one or more of our experts will post a more authoratative answer:

    IMHO as your daughter did not actually move in the contract was not completed and the agent/landlord can take the action he has. A complete refund of all monies paid by or on behalf of your daughter should however be rapidly made.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


    • #3
      Although the contract has not been completed because the lady did not actually move in, this does not prevent her from suing the agents for breach of contract and the damages will be the cost of obtaining alternative accommodation and refund of the fees paid if not already returned. Personally if I were in the tenant's shoes, I would not trust the agent one iota further - demand the money back - see what it costs to obtain alternative accommodation and then sue.

      Though this is bad practice by any agent, it is not uncommon in the lettings world.

      Comment


      • #4
        Just to add to the above replies:
        1. If any of the correspondence, receipts etc. issued by the agent did not have the magic words "subject to contract" then your daughter could rightly assume that the offer of a tenancy was unconditional.
        2. The agent cannot retain ANYTHING in the way of money and should return all she paid to them without deduction.
        3. The agent should not ideally offer a currently tenanted property until they had vacant possession as the tenant can & did change their mind about remaining in the property, without first making it extremely clear to your daughter that it was subject to the property being vacated.

        I would be inclined to go through the paperwork very carefully, and you might even want to refer it to your local Trading Standards Officer for scrutiny as it might contravene the Unfair Contract Terms (UTCCR's 1999).
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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        • #5
          Please please

          It's tenant not tennent

          Tennent is a scotish lager

          And separate not separate

          Sorry to be a pedant but I find t jarring

          Comment


          • #6
            I meant:


            And separate not seperate

            Comment


            • #7
              Apart from NGADEFs spelling lessons, you now have the authoratitive replies to your query from two of this board's acknowledged experts.

              best of luck

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


              • #8
                Yeah sorry to be picky
                It just gets on my nerves

                My problem really, not yours
                All the best with your issue

                Comment


                • #9
                  NGADEF
                  It's 'Scottish' not 'scotish'
                  It's 'peasant' not 'pedant'

                  PPilcher
                  It's 'authoritative' not 'authoratitive'
                  'Acknowledged experts'!Don't be so controversial!

                  Comment


                  • #10
                    LOL Andy Parker

                    Comment


                    • #11
                      Originally posted by ngadef
                      It's tenant not tennent

                      Tennent is a scotish lager

                      And separate not separate

                      Sorry to be a pedant but I find t jarring
                      It's "it" not "t".

                      Comment


                      • #12
                        Originally posted by dazalock
                        It's "it" not "t".

                        I want to play.

                        No quotation marks for it.


                        (spell checked 374 times)

                        Comment


                        • #13
                          "Tennent is a scotish lager"


                          And Scottish has 2 tt's and a capital S.

                          Comment


                          • #14
                            ngadef

                            I find your lack of actual structure and sentances jarring !!

                            Zoe

                            Comment

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