Getting out of agreement before deposit has been paid.

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    Getting out of agreement before deposit has been paid.

    Hi, me and a friend are due to move into the new apartment in 2 weeks, we havepayed agency fees and signed all documents however we have yet to pay deposit or first month rent. Typically today we are informed of the perfect place coming available for cheaper rent than the one we have agreed to and generally a much better place. My question is as I haven't paired the deposit or rent or even moved in yet, is there a change we can cancel it (obviously looking agency fees) and move into our now preferred property!
    Thanks!

    #2

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      #3
      I assume the new property is not with the same agent. If it is then there's probably no chance. You can tell them you've changed your mind but they could threaten to sue you for breach of contract as you've already signed. What if you don't get the new place and end up with nothing?

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        #4
        This is a case where you should just acknowledge 'God's Will'/fate, or call it what you will. The other place may be cheaper for a good reason. (Loud neighbour perhaps)

        I suggest you crack on with the flat you have a deposit on.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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          #5
          They are likely to sue you. They have to mitigate their losses, but you could find yourselves paying a few months of rent until a new tenant is in place, and a stained reputation.

          How would you feel if you were promised a place, signed contracts and then they told you two weeks before that you could get lost?

          That's life. We make decisions, make promises, and live with them.

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            #6
            Okay thanks guys! Yes agree that's life and will go ahead with the original plan!!

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              #7
              Since you have not yet occupied and the appointed date has not yet passed Yes you can withdraw as no AST can yet lawfully exist, but you have agreed to a verbal contract to supply/occupy. Don't expect LA to return your fees but expect LL to charge you with up to 1 month of his rental losses for that property.

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                #8
                Originally posted by mariner View Post
                Since you have not yet occupied and the appointed date has not yet passed Yes you can withdraw as no AST can yet lawfully exist, but you have agreed to a verbal contract to supply/occupy. Don't expect LA to return your fees but expect LL to charge you with up to 1 month of his rental losses for that property.
                That is a dangerous route to take. It appears from OP that the contract has been signed.

                The landlord is entitled to be put in the position he would have been in had the contract been honoured.

                I believe that 'mitigating losses' means 'not incurring greater cost than is necessary to put wronged party in the position he would have been in had contract been honoured'; it does not mean 'find another tenant asap (or indeed at all)'.

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