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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, Im a EU student in Hatfield/Hertfordshire/UK. On June 8th I signed a c&

Customer Question

Hello, I'm a EU student in Hatfield/Hertfordshire/UK.
On June 8th I signed a contract for a 2 bedroom flat in an agent for the period 01/Sep/2010-30/Sep/2011 .. Yesterday on August 17th the agent emailed us to say that we can't have the flat as "the existing tenant has requested to stay in the property and the landlord has agreed to his request as he said it is easier for him as no work or cleaning etc would be involved" .. and that we can either get all our money back(deposit etc) or accept two other offers (apartments) which are actully more expensive than the one we signed for.
I would like to know how the law protects us and if we can have any further help from the university.
Unfortunately I don't have the contract with me as I am back home.
Thank you in advance
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Was the contract signed by the landlord and dated?

 

Kind regards,


Tom

Customer: replied 4 years ago.
Hello,
i remember it was dated, but not if it was signed.

Kind regards,
Helen
Expert:  Thomas replied 4 years ago.

Hi Helen,

 

The key is establishing whether a contract has actually been formed. If it has then it would be legally binding upon both you and the landlord and you would be entitled to enforce the contract and move in to the property.

 

You need to establish if the landlord has also signed/dated his copy of the tenancy agreement, if he has then you can hold him to it. It will likely be in the hands of the agent and they should be your first port of call. The problem is that it depends on how honest your agent is, he may confirm that the landlord has signed and dated his agreement and you would be able to hold them to the contract, though you should correspond only in written form (eg. email) so that you have evidence.

 

The difficulty is that if you do not have your copy then you do not have documentary evidence of the situation.


My advice would be to get in contact with the agent as above and if he confirms the landlord executed his agreement and you get this confirmation in writing then try to hold them to it. If he states that the landlord has not executed the agreement then you are probably better off cutting your losses and either taking the return of the money or attempting to negotiate a lower rent on the other apartments. You case without the signed tenancy agreement would be difficult to prove at Court.

 

Sorry it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to answer follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Hello Tom,
I'm sorry for accepting your answer late, i wasn't at home
It was really helpful, i'm already in contact with the agent.

Kind Regards
Helen
Expert:  Thomas replied 4 years ago.

Hello Helen,

 

It's perfectly fine - thank you for your kind accept. If you have any further questions please do not hesitate to contact me.

 

Kind regards,



Tom

Customer: replied 4 years ago.
Hello again,
There is one more detail I would like to know if it is ok.
Having as a fact that the landlord has the right to get us of the house, shouldn't he do it earlier, for example a month ago?Ιs there any specific time limit for him to announce the break of the contract?? Because they only told us two weeks before that signed date.
Hope is not a stupid question
Thank you in advance
Helen
Expert:  Thomas replied 4 years ago.

Hi Helen,

 

The issue is whether a contract has actually been made (ie. has the landlord/agent signed - as above explained). If there is no contract then you do not have a right to occupy the property and either party can pull out at any time without any kind of notice I'm afraid.

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your help again.
Kind regards
Helen
Expert:  Thomas replied 4 years ago.
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