Help from the other side.

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    Help from the other side.

    A bit of a weird one, but hoping someone can help.

    Ive just rented a property from an Landlady. Sign tenancy agreement on Monday, and paid the bond and first months rent. Took the keys and off I went happy. Id booked the removal van for this Monday, and myself and the family went on a few days holiday before the big move

    The very next day while on holiday, we were told that by the estate agents she had sold the house, and we are not allowed to move in!

    I phoned the landlady and she explained that she had sold it. I said that I had a tenancy agreement and unless we are compensated she cant sell and we will be moving in as contracted. Got there today and they have changed the locks. My car was still parked in the garage ! Luckily I had the garage door fob, so could retrieve it.

    I dont know what to do ?

    #2
    I take it you never moved yourself & belongings in?? And what was the start date of tenancy??

    Assumimng you had not "taken possession" you only have a contract not a tenancy (weird, but..). So i think you sue her - she still owes you accomodation for the 6 or 12 months...

    'phone Shelter, the housing experts, 0808 800 4444 - they operate weekends...

    Sounds very underhand & suspicious.

    Who signed the tenancy? Agent or landlady??

    Got receipts for rent & deposit??
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      I signed the tenancy agreement and paid the money and took over the house keys on 3/11/2014. I had moved my car into the garage while I went away for a few days. Had taken some documents (insurance, sky, school application etc...) into the property. The big things like beds and sofa etc.. were arranged to be moved in on 10/11/2014

      I was told on the 4/11/2014 (while on holiday ) that the house was to be sold. One day after I had signed, paid and started to move terms in. I went to the property today to pick up my car after out short break, and the locks had been changed!

      Agent sign tenancy along with mine and my partners signatures

      Have bank statement showing payment, I have refused a refund and refusing to give back keys so far. Myself partner and our 3 kids could be be homeless in a matter of days

      Comment


        #4
        What was the tenancy start date in the agreement, please - it is normally something like "from 3/11/2014 to 2/11/2015'. If you put your stuff in after start date you probably have a tenancy & a different landlord.

        Call Shelter
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          If you put your stuff in after start date you probably have a tenancy & a different landlord.
          Yes but what does...

          Originally posted by Snoozer View Post
          she had sold the house
          ... actually mean?

          Does it mean that (a) she has actually exchanged contracts and somebody else owns the property now; or (b) that somebody else has just made an offer which has been accepted?

          Comment


            #6
            Illegal eviction.

            "I signed the tenancy agreement and paid the money and took over the house keys on 3/11/2014.

            Then you have a valid tenancy if you were able to access the property on the 3/11/2014.
            by the fact that you had already moved in, be it with no furniture, have personal items in the house, and when you returned 4th, 5th, 6th 10th or whenever, you were prevented from accessing the property.

            If it were me, and you are not me, I would have a locksmith gain entrance, change the locks and move in, on the premis that the locks were faulty, as you had already moved in.

            A tenancy does not have to be written, nor bringing forward a start date.
            You had legal possetion of the house with tenancy document in your hand and a set of keys, with the full authorisation of the agent to use that property as soon as you got the keys.

            Unfortunately, you are not me, and wont do above.
            They cannot get you out for 6 months.

            Comment


              #7
              ram,

              Whats all the, "you are not me"? and "wont do the above" stuff?

              Ericthelobster,

              She has taken and accepted an offer on the house. Nothing more than that. The landlady that I signed the tenancy agreement with, owned the house on the day I signed and still owns the house today.

              Comment


                #8
                OP - you seem reluctant to answer other posters questions so let me ask one.

                What period does your first month's rent payment cover?

                Comment


                  #9
                  Your landlady has not sold the property.
                  You should move into it - you can break in to your own property and change the locks (keep the one's that are there).
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    I take it you never moved yourself & belongings in??
                    He had the keys and had parked his car in the garage.
                    IMHO that's enough to confirm that he had taken possession and that the tenancy was created.

                    Comment


                      #11
                      What is the start date for the tenancy on the tenancy agreement?

                      Comment


                        #12
                        noggin,

                        If you read the original post it says Ive paid the first months rent.

                        Further down the thread you can clearly see that the tenancy started on the 03/11/14

                        Hope this reluctantly answers your question.

                        Comment


                          #13
                          Originally posted by elniinio View Post
                          What is the start date for the tenancy on the tenancy agreement?

                          The 03/11/14

                          Comment


                            #14
                            Move into the property and change the locks.
                            Do it today.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              As jo says...
                              Originally posted by jpkeates View Post
                              Your landlady has not sold the property.
                              You should move into it - you can break in to your own property and change the locks (keep the one's that are there).
                              It is a tenancy: Illegal eviction (which is what landlady has done) is a CRIMINAL offence, as is harassment. Landlords can & have gone to jail over such offences - and there have been fines for civil action tenant may take against landlord. You may wish to report the incident to the Police, but they may say "nah, Civil matter innit": Get a "Crime reference number".

                              Suggest you write a calm, polite letter/email (yes, WRITE! - keep copy) complaining of illegal eviction. You do not have to permit any further viewings, valuations, visits by purchaser, attempts by agent to photograph etc etc etc...

                              Suggest you keep a log of any issues or problems you have with this landlady.

                              Check with Shelter if uncertain.. see...
                              http://england.shelter.org.uk/get_ad...dvice_helpline
                              Housing advice helpline

                              Your call may take 10 to 20 minutes so set aside some time
                              Try to organise a quiet place where you can talk
                              Our helplines do get busy but keep trying if you can’t get through

                              Call Shelter’s free housing advice helpline on:

                              0808 800 4444

                              Shelter's helpline is open 8am–8pm on weekdays and 8am–5pm on weekends, 365 days a year.

                              Our housing experts will offer support to you no matter what your housing situation.

                              Calls are free from UK landlines and all major UK mobile operators. Other networks may charge.
                              It is very sad that this helpline needs to be open even on Christmas day....

                              Cheers!
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment

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