Jump to content
House Price Crash Forum

Move In Problem


lincs

Recommended Posts

0
HOLA441

I am expecting to move into a new property next week. I have already paid the agents fees, bond and months rent in full. However, the letting agent is threatening not to hand over the keys on the tenancy start date as they say I have not provided necessary documents in time. Can they do this and who can I complain to if they go through with this threat, especially bearing in mind I will be essentially homeless on this date as I have to hand over the keys of my current property on the same day.

Link to comment
Share on other sites

1
HOLA442
2
HOLA443
3
HOLA444

I have signed the contract on the property. They were asking for a completed guarantor form and some proof that a standing order had been set up, beginning a week before the tenancy starts. They have both these documents in their possession.

Link to comment
Share on other sites

4
HOLA445
5
HOLA446
6
HOLA447

if you have a copy the contract is binding (theoretically it's binding even if you don't have since clearly there's a verbal contract but it's harder to prove). Without seeing it I don't know whether the issues as raised by the EA having any bearing on validity (my gut feel is not since the pre-contract checks are generally just that, checks prior to raising a contract). The tendency is to use standard contract forms and the ones I've seen have little reference to ancillary paperwork other than the deposit scheme though in all honesty YMMV as I haven't rented for a couple of years - got fed up with little hitlers and bought somewhere.

Notwithstanding the above, the contract is binding and damages could be sought from the EA if they breach the contract. Damages would likely be the cost of emergency accommodation, and may include things like restaurant costs (if you have no cooking facilities - not relevant if not), additional travel costs if work is harder to get to, storage, cost of a second move if emergency accommodation required etc. In short, any additional costs that are reasonably foreseeable though of course you do have to make reasonable efforts to mitigate their losses.

Of course you wouldn't want to go down this route as it would be more than inconvenient. Far better that they stick to the agreement. If it does get sticky though best to involve CAB / trading standards/solicitor etc as it's easy to make a mistake in litigation.

Why do you think they are producing obstacles?

Link to comment
Share on other sites

7
HOLA448

I am expecting to move into a new property next week. I have already paid the agents fees, bond and months rent in full. However, the letting agent is threatening not to hand over the keys on the tenancy start date as they say I have not provided necessary documents in time. Can they do this and who can I complain to if they go through with this threat, especially bearing in mind I will be essentially homeless on this date as I have to hand over the keys of my current property on the same day.

Do you have in your possession a copy of the contract signed by the LL or agents on his behalf, does it contain caveats with regard to the keys and the documentation they say hasn't been given in time? If there is no mention then they cannot do it without as ASCII says you taking them to court for all necessary costs incurred by you. Also it could be considered an unlawful eviction, the moment the tenancy commences (the day you are paying rent from) if they do anything to make you relinquish occupancy (withholding the keys) they commit a criminal offence. Perhaps point out the above and that you will have no hesitation in pursuing the matter to the full extent of the law.

Edit, others may know better but as they have accepted the first months rent then a valid tenancy exists so they are screwed.

Edited by zebbedee
Link to comment
Share on other sites

8
HOLA449
Also it could be considered an unlawful eviction, the moment the tenancy commences (the day you are paying rent from) if they do anything to make you relinquish occupancy (withholding the keys) they commit a criminal offence. Perhaps point out the above and that you will have no hesitation in pursuing the matter to the full extent of the law.

That's a very good point and my guess would be that there would be more than one probono/contingency lawyer out there that might take that on if there is some mileage in the "protection from eviction" element (doubt you would have a problem getting trading standard involved on your side either). The law has some pretty sharp teeth with respect to that.

Edited by Ascii
Link to comment
Share on other sites

9
HOLA4410

I've never been sucessful finding lawyers interesting in taking on pro bono work in tenancy matters. That goes for most matters though (apart from simple personal injury claims). At least in London.

My local council have a team that helps with private tenants / landlords and I've found them useful in the past.

Edited by Flopsy
Link to comment
Share on other sites

10
HOLA4411

My tenancy started with a heart stopping moment where, having handed everything over they wanted a further reference....the day before.....and this was after another of their "clients" had fracked us over with a change of mind...so we needed a place fast.

Apparently, the references I produced for THAT tenenacy had no bearing on the reference for the alternative one.

Told me to go to the landlord and show him my bank statements.....why?>..I dunno..

Got my reference faxed over minutes before I arrived for the signing....I enquired was it OK, she said, I dunno, its on the fax machine...amazingly, she took it off the machine, and popped it into the file and ticked a box on the file cover sheet.

Waste of fracking space.

Lucky for us, the new landlord was a pro....thinks the agency are a waste of space too.

Link to comment
Share on other sites

11
HOLA4412

Thanks for replies so far.

Anyway, my tenancy start date was yesterday and as expected the letting agent withheld the keys. Fortunately I found a place to stay for a few days.

Now apologies but perhaps I haven't given all the details of my situation. The tenancy I have signed is a joint tenancy and as I found out yesterday, although all members have signed the agreement and have paid their deposit and agency fees, one member had not provided their completed guarantor form and their first months rent. I have contacted this person and have been assured that they will arrange this with the agent today. Am I right in assuming that the agent is within their rights to withhold the keys from me in this instance?

Following on from this, I am obviously paying rent on the property but am not in possession of the keys. Am I entitled to any kind of refund on the rent I am paying now or does the tenancy agreement now end later (by the number of days I am refused entry to the property) or I am simply out of pocket.

I also drove past the property yesterday and, from the outside at least, it looked like a bomb site. I assume the agent has not inspected the property nor made any attempt to clear it out before the changeover. Does the landlord have an obligation to ensure the property is clean before we move in? If it isn't what steps can I take to ensure it is (i.e. pay for a cleaner and charge landlord)?

Also if I am not provided with an inventory at the start of the tenancy, can the landlord claim for any damages when we move out?

Link to comment
Share on other sites

12
HOLA4413

Thanks for replies so far.

Anyway, my tenancy start date was yesterday and as expected the letting agent withheld the keys. Fortunately I found a place to stay for a few days.

Now apologies but perhaps I haven't given all the details of my situation. The tenancy I have signed is a joint tenancy and as I found out yesterday, although all members have signed the agreement and have paid their deposit and agency fees, one member had not provided their completed guarantor form and their first months rent. I have contacted this person and have been assured that they will arrange this with the agent today. Am I right in assuming that the agent is within their rights to withhold the keys from me in this instance?

Possibly BUT they should not be taking payment from you

Following on from this, I am obviously paying rent on the property but am not in possession of the keys. Am I entitled to any kind of refund on the rent I am paying now or does the tenancy agreement now end later (by the number of days I am refused entry to the property) or I am simply out of pocket.

You should not be out of pocket, if you have paid rent then tell the agent you want the money refunded, if it was me i would have been kicking off by now and probably had someone force entry and changed the locks, if you have paid rent you are entited to access and im pretty sure (but not 100%) they are acting illegally in this instance if they have taken a rent payment (if they havent then its probably not really a problem for them so to speak)

I also drove past the property yesterday and, from the outside at least, it looked like a bomb site. I assume the agent has not inspected the property nor made any attempt to clear it out before the changeover. Does the landlord have an obligation to ensure the property is clean before we move in? If it isn't what steps can I take to ensure it is (i.e. pay for a cleaner and charge landlord)?

Not really an obligation, but it leads onto the next point, which is where they provide a cr@phole and expect you to improve it for them

Also if I am not provided with an inventory at the start of the tenancy, can the landlord claim for any damages when we move out?

Very difficult for them to, they have to prove the condition before in order to prove the damage, no condition before = no damage, BUT given what you say i would advise taking LOTS of photos and putting your views in writing to the agent to cover your back.

Link to comment
Share on other sites

13
HOLA4414

IMHO It really depends on what the contract you have signed says, since its a joint contract there IMHO isn't any reason to withhold the keys as you will be 'joint and severally' liable. Have you paid rent? Does the contract explicitly mention that keys will only be given after... (although whether that in itself would be an unfair term? if you are expected to pay rent but not gain access). If you have paid rent then the contract term MUST be altered to reflect that fact (I'd be as bold to say whatever way you want it, money back or term ends later), if you haven't paid rent then I'd also say the term should be altered so you don't end up paying for something you could not use.

As for the condition, unless it falls foul of el'f n safety or the councils environmental dept say hazard to human health you have taken the tenancy 'as seen', but without the inventory they will have a hard job of proving loss. As Rozza says, lots of photos, we did it-every inch, detail any and all problems from dirt to scratches to whats present (the sneaky feckers may try and charge disposal of items at the end claiming they were your rubbish), sent them an email detailing everything but just email the photos to yourself (to establish a date). Having the photos but not letting them know about them allows them to claim crap and you produce the photos to knock down their case, but if you have done any damage keep the photos of that area out and their case for your actual damage is weakened by their obvious lies over the areas you have presented photos of. ;) Before anyone gripes, they're trying to stick it to you before you've stuck it to them and there is not need to use material in your defense unless requested.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.




×
×
  • Create New...

Important Information