How to proceed against Letting Agent

[Dhaval]

Hi

 

I have done application for renting a flat in Witney. I have paid reference checking fees initially and after my references are passed, Estate Agent has asked me to pay half rent as a holding deposite. Which I have paid then he comfirm me moving date 1/11/2011 and time 9:00 am via email.

 

So I had handover notice to my current landlord and let him know that I am moving out.

 

Trouble:

Day before my Estate Agent has called me to tell that "I will not have flat on 1/11/2011 as landlord informed that the old tenants wants to stay there".

 

I have really tough situation now, as my present flat is no longer available to me because I handover notice. I have to move out on 1/11/2011.

 

I explained Estate agent it is not possible for me to move back from this deal. But he said that new contract is not signed yet and all our conversation done by emails only so I can't have new flat. I have also asked him do temporary arrangement for one month so I can have enough time to find new flat. But estate agent is not agreeing on this as well.

 

Finally, I had started to follow his online complain procedure which is available on Estate agency's website. I have sent him complain email and still waiting for his reply.

 

I need advice asap on this matter from group members about this unfair attitute of estate agent. I can't even sleep as I don't know where can I stay after 1/11/2011.

 

Thanks

Dhaval

[mariner51]

TBH EA complaint procedure will have little benefit short term. Also what could prosp LL / LA do if current T fails to vacate? Lawful eviction could take several months. You appeat to have a Contract to supply property but no AST. Yiu could sue for nec costs incurred by their failure to supply, after the event.

Why cannot you not remain in current property? Has current LL said No? Have you asked him?

When did current T commence (actual date)?

When did you hand in your Notice (date)

Is property in Eng or Wales?

Is rent payable monthly? (actual date of month)

 

Keep this LA on your side for now, they may feel sorry and help you find alt accom for short term.

[Dhaval]

Hi Thanks for ReplyWhat is AST?The info you have asked:Why cannot you not remain in current property? Has current LL said No? Have you asked him?-Because I am moving to oxford from suffolk.When did current T commence (actual date)?-I think this is irrelevant. for your info 1/10/09When did you hand in your Notice (date)-I think this is irrelevant. 29/09/10Is property in Eng or Wales?-EngIs rent payable monthly? (actual date of month)-Yes 10th of every month. I paid pro-rated rent.Keep this LA on your side for now, they may feel sorry and help you find alt accom for short term.This new flat hunting process cost me a lot. So I need compensation for time, money and efforts I had spent over last month. I have booked Van and done rest of preparation. It is really hard to find similar property in my budget in this sort time. HenceI asked LA to arrange temporary accomodation for me. If I had copies of receipts for reference fees, holding fees and LA's email about my move in date. Are these proofs enoughto take legal action against LA to get compensation? Also, LA told me on phone that I can sign contract on 1/11/2011 when he will meet me at property to handover keys and inventory. It will be really useful if I can get help in this direction rather than thinking about staying longer at current property. (I must have to move out)Thanks Dhaval

[Snorkerz]

Dhaval - I am sure Mariner51 had a reason for asking the questions, and while you don't have to answer them it is a bit rude of you to say he doesn't need the information when you don't know why he is asking.

 

Unfortunately, you are unlikely to get compensation from the agent. Even if a contract did exist, all it was was a contract to create a tenancy - it was not an actual tenancy until you moved in.

 

I do however believe that if you paid deposits and reference fees to the agent and the landlord then withdrew the property, it is his actions that have caused you these costs, and you would have a good chance in succeeding in such a claim for them to be refunded.

 

There is no legal reason why you have to move out of your current property - it is your choice.

[Dhaval]

@Snorkerz thanks for reply.I think my answers are understood in wrong way, there is no means to be rude.So what is the role of LA. As he confirmed me on the phone that I can handover notice to my current landlord. If LA is not sure how confident is the LL to rent his property then why LA is representing his property in the market.For Example: If I buy something from Superstore and I dont get the quality or service as we agreed then its responsibilities of superstore to pay compensation to customer, They dont show the third party seller.If estate agent is making money from this deal then I think LA have some liability.Thanks Dhaval

[Snorkerz]

There is a difference, but think of it this way.

 

If you buy a tin of beans from Joe Bloggs - a checkout operator for Tesco - and you get food poisoning, it is not Mr Bloggs you sue, it is tesco.

 

Likewise with renting property. The agent is in effect the landlords employee, he acts for the landlord and accepts the landlords instructions.

 

In your case though, you have no contract with the landlord and this confuses the matter. You probably don't even know the landlords name which would make suing very difficult. I think at this point you would sue the agent, and if they chose to the agent could either get the landlord involved in that case (forgot the right term) or they may subsequently sue him for any losses they incur as a result of your claim.

 

I am convinced you do have a wothwhile claim.

[Steve__M]

I think you are entitled to any fees you paid to the agent.

 

Unfortunately, the law is that until a tenancy contract is signed either party can withdraw.

 

You should also note that while we do not know the full circumstances, a tenant can say they are going to move out, leading to a landlord reletting the property. But if the tenant then changes their mind it can be difficult for landlord to force tenant to move.