Landlord had not left property on moving date

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    Landlord had not left property on moving date

    Hello all,

    we have signed a 6 month assured tenancy with an agreed moving in date of the 13th December. We travelled down to the location of the property and collected the keys to the property. Upon arriving at our new apartment the alarm went off and the place seemed occupied. Whilst there the landlord arrived and asked 'why are you here'. He told us that he had contacted the agency to say he couldn't move out on the 12th December (the day prior to our moving in date) and had told them to tell us another date. As the conversation transpired it became clear the landlord had no idea when he would be moving out as he was waiting upon a visa.

    In summary, after cancelling the mattress delivery we went to the estate agent who did not know the property owner and landlord were still in the property (they had given us the keys). We then had to travel back to our current property. Luckily, we have another rented place and this doesn't come to an end for a while. I require a place asap as I start a new job and had arranged deliveries etc for this week.

    Can anyone advise what we should do next and whether we can claim any compensation? The estate agency is going to cover our fuel expenses (as yet we have nothing) and they still have our deposit and first month's rent plus our fees we paid. We will also get them to reimburse the cost of the mattress delivery?

    And another question - should we run a mile from the estate agent or wait until they get back to us with an explanation?

    Many thanks - we have been renting for 10 years and have never experienced anything as incompetent as this!

    #2
    Who has the signed tenancy agreement?
    Do you have a copy for reference (even if not signed by the landlord/agent)?

    I think that the contract for the tenancy has begun (if not the tenancy itself) and the landlord is denying you access to what is now your property.
    The landlord may have told the agent to tell you another date, but that's between the landlord and the agent - and it sounds like things have moved past that point anyway.
    The landlord should be offering equivalent (or acceptable to you) alternative accommodation and worrying about where to stay to allow you to move in.

    What compensation you are prepared to accept in lieu of that is up to you, really.
    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


      #3
      Originally posted by jpkeates View Post
      Who has the signed tenancy agreement?
      Do you have a copy for reference (even if not signed by the landlord/agent)?

      I think that the contract for the tenancy has begun (if not the tenancy itself) and the landlord is denying you access to what is now your property.
      The landlord may have told the agent to tell you another date, but that's between the landlord and the agent - and it sounds like things have moved past that point anyway.
      The landlord should be offering equivalent (or acceptable to you) alternative accommodation and worrying about where to stay to allow you to move in.

      What compensation you are prepared to accept in lieu of that is up to you, really.
      Agreed. Whether it is the landlord's error or the agent's error amounts to the same thing. You have a contract to start the tenancy on a specified date and there has been a breach of that contract. You are entitled to compensation to put you in the same position as if there had been no breach.

      Comment


        #4
        Originally posted by jpkeates View Post
        Who has the signed tenancy agreement?
        Do you have a copy for reference (even if not signed by the landlord/agent)?

        .

        Yes, I have a copy in my email.

        The landlord doesn't seem to think that it is his fault at all and is blaming the estate agent. The Estate Agency also say they do not know what is going on as the two people dealing with this rental property were not working on Saturday.

        There is another property available to rent but it is lacking a washing machine and furnishings. Am I right in saying that if I were to accept this property I could demand that the agency purchases a washing machine at the very least or this just an unlikely scenario?

        Secondly, if I were to demand all my money back would I have any scope for also demanding that they pay my fuel expenses for going to find another property?

        Thanks for your prompt replies. I am still rather stunned by the fiasco of yesterday not to mention the 6 hour round trip so it is good to get quick feedback.

        Comment


          #5
          As far as you are concerned that landlord and the agent are the same person.
          The letting agent is the landlord's "agent" - which means that they have a very specific legal relationship.
          Think ventriloquist and dummy.
          Don't get involved in their internal issues and don't let them fob you off to the other.

          If necessary, you may need to explain to either or both of them the agency relationship (most landlords don't get that the agent can act entirely for them without asking them anything).
          If the agent has rented the property, the landlord has rented the property, and that's that.

          I would make sure the agent and landlord understand the seriousness of the issue (they should be calling round on their colleagues who aren't there).
          Yes, you can insist on equivalent facilities, like washing machine and furniture (and make it clear that this will not necessarily deter you from seeking compensation in future.)

          Yes, you can demand all your money back (the deposit is actually yours already).

          You're being quite reasonable about this, any solicitor you contacted would be rubbing his hands together and smiling.
          Fuel, your time, the inconvenience, the stress, the daily rent they've cheated out of you, the uncertainty.
          Even if you don't want to be "that guy" use the possibility to get what you want.
          When you've figured out what that is.
          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


            #6
            Agency rang and offered no apology instead consistently questioning as to whether we were sure we didn't want the property if it became available. This is the one with the owner/landlord in who has no idea when he is leaving. On the one hand we should just demand all our money back but at the same time we are in a position where we need somewhere to live asap. It is a complete joke!

            Comment


              #7
              I think they might need to be pointed at a solicitor who will explain the trouble they are in.
              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


                #8
                What "furnishings" is the other property lacking?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  You seem to be taking this well all things considered. I hope you pursue this and gain the compensation you are entitled to.

                  As an aside it sounds like you may have had a lucky escape from the combination of an idiot agent and landlord.
                  "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                  What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                  Comment

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