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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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we are moving into a new property we were suppose to move in

Resolved Question:

we are moving into a new property we were suppose to move in the 6th of april and on the 3rd were told we couldnt becuase the old tennents had not moved out then we were told 15th because the landlord wants to do some repairs it then changed again to the 27th to which we are now being told we can move in on that date but... the repair s work is still being carried out because the landlord wants to claim the work through his insurance so is waiting for a response from them so the work will go on into may so the first weeks moving in would be disrupted they are asking for the full money upfront and yet we still havent signed anything or even seen the property since the fisrt viewing the letting is through an agency townsends but have started to lose faith with them ...not sure where we stand
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you actually executed a tenancy agreement with the Landlord?

If so, what was stated to be the fixed term?

How would you like this to be resolved ideally?

Kind regards,


Tom
Customer: replied 1 year ago.


no we havent signed a tennency aggrement yet it has actually just been sent through to me by email now while i was talking with you they are asking for a 12 month term but in the begining we ask for a 6 month break clause which is not on the tennency aggreament

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you have not executed a tenancy agreement with the landlord with a fixed term then both you and the landlord are free to withdraw at any time without either being able to sue they other if they did.

It’s all “subject to contract” at this stage unfortunately, so you can’t sue or get compensation from the landlord or agent because of the delays. It’s massively frustrating and possibly sharp practice from them but that’s how it is. The lettings agency business is not nearly as regulated as it should be.

Once you and the landlord have both execute the tenancy agreement then you will be bound by the fixed term and if you are not let in to the property when the fixed term starts then you can sue him for breach of contract and get compensation.

If you agreed a 6 month term then you MUST ensure that this is what the tenancy states. If it states 12 months and you execute it then you will be bound for 12 months. The agents act for the landlord, not you, remember that always.

I would also refuse to sign it until the landlord does so that you can sign and date it knowing that it is binding. If you returned your signed copy then they may be able to string you along again by saying that the landlord *will* sign but that he’s not free.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6651
Experience: BA (Hons), PgDip, Practising Solicitor
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