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View Full Version : Useless agency leaving me homeless as of Sunday!!!



homelessgirl
16-01-2009, 18:34 PM
Hi all. I have a huge problem at the moment. My friend and I put an offer in on a property on the 1st December after viewing the property. We put it in writing, subject to a few things (carpets to be replaced, painted out, power shower to be installed as there is NO water pressure at all, gas top to be installed as there is currently an electric one). Agency confirmed all will be done. We paid a holding deposit on the 5th Dec, and signed some documents. I made them aware on several occasions that i am going on holiday on the 17th Dec and will NOT be contactable and am returning on the 18th January - on which day i need to move in to the property! I made it clear i can NOT come back to no place to live. By the 16th Dec i have had no paperwork from the agency and sent them an email requesting the necessary documents so i can get it sorted BEFORE my departure. Still nothing. On the 8th January - whilst on holiday in Thailand - some other guy from the agency called - telling me that our original agent we dealt with left the company and he is now taking over. He wants to send me forms that i must print, sign and fax back. I'M ON AN ISLAND WITH NO LUXURIES! I asked if everything has been done at the property as agreed and he told me there are no such agreements in place!! I stated that i have all in writing and that we have no problems signing subject to the fact that these things are done by the time i move in. He sent me forms via email - i took a taxi to a village to try and sort this - just to find out the form he sent was corrupt. I requested he re do it and re send. I was travelling between places and left for the UK on the 10th - travelling for nearly 20 hours - unable to see to the paperwork. Upon my arrival i immediately contacted the agent and said i would come and sign -as i flew out again the next morning at 06h30! On my way i stopped off at the property - just to find that they were still busy painting and nothing else had been done as agreed! I then called up and said I am not signing before i don't have in writing that this will be done and ready for me. He refused to put it in writing. Arguments arose between my housemate, myself and the said agent. He is tremendously arrogant and told us he does not care about us at all. We can only move in once our checks have been done. I reminded him that i requested these a MONTH before and that they failed to send it to us - hiding behind the fact that our original agent left the company. I am due to fly home on Sunday with nowhere to go!!! They are refusing to pay for alternative accomodation for me (us) - and although we have sent our paperwork through on the 15th - they still have NOT sent it for credit checks! They also will not give us the contact details for the landlord - as we would like to tell the landlord we have tried our best to get everything done - but the agency has slipped up! The agents are now telling us the landlord is willing to give our deposits back - but i doubt if they have told him that we have requested all the papers from them on the 16th December already and they failed to do what they were supposed to do! Where does this leave us with place to stay on Sunday? Can we hold them liable for paying for our accomodation untill they've done our checks? We also feel that they are causing uneccessary hassles between us and the landlord just because they won't admit to him that they were at fault!

mind the gap
16-01-2009, 18:57 PM
You sound disturbed by all this. Please could you answer these questions so that we can help you better:

Whe you said that you 'signed some documents' on 5th December, what exactly do you mean? Do you know what they were?

Do you have anything in writing from the agent confirming the imporvements and repairs would be carried out prior to your moving in?

Finally, is the property going to be let furnished or unfurnished?

homelessgirl
16-01-2009, 21:47 PM
Thank you so much for your response. Yes, i am quite disturbed by it all as i gave my best to have it resolved before my return.

To answer your questions:

1. My housemate, upon giving the holding deposit, signed a document saying that we've paid a holding deposit, that the following repairs are required prior to our moving in (listed are the things we required) and that the proposed move in date will be 15th January

2. I received an email stating that if they are able to change the cooker they will - the rest he confirmed over the phone with us and said that it's no problem to fix/sort.

3. The property is let furnished.

Hope this helps.

mind the gap
16-01-2009, 22:22 PM
Thank you so much for your response. Yes, i am quite disturbed by it all as i gave my best to have it resolved before my return.

To answer your questions:

1. My housemate, upon giving the holding deposit, signed a document saying that we've paid a holding deposit, that the following repairs are required prior to our moving in (listed are the things we required) and that the proposed move in date will be 15th January

2. I received an email stating that if they are able to change the cooker they will - the rest he confirmed over the phone with us and said that it's no problem to fix/sort.

3. The property is let furnished.

Hope this helps.

Mmmm. Complicated. I think one of the lawyers on the forum, or a housing manager, would be best placed to tell you whether you have in fact got a tenancy or not, and if so, under what conditions. But it might also be helpful to know:
1 Did the agent who dealt with you originally, work for the same company as the one you're dealing with now?
2 Do you still want to move into the property or would you prefer, if possible, to find somewhere else?

homelessgirl
17-01-2009, 08:33 AM
Thanks once again for the response.


1. Yes, he worked for the same company we are dealing with now.
2. We are still wanting to move into the property for sure - as its location is perfect for us.

They are willing to let us move in once the checks are done - which might be Tuesday or Wednesday. I just really want to know can i hold them liable for costs for accomodation for the next 3 /4 days seeing that they did not get all in place for us in time as agreed?

I called my solicitor who suggested the following to the agency via email on the agencies request:

"My client and her flat mate made arrangements to move into 17 tomorrow and now find themselves homeless. Without wasting time apportioning blame, what I sugested as a practical solution to the problem was a license agreement, pending receipt of the referrences. If they are not satisfatory Lindi and Hein would vacate in 7 days and if they are, a lease would be granted in 7 days.

While I am,reluctanlty, prepared to draft a License Agreement over the weekend, I am only prepared to do so if this can be agreed in principle, as it would mean that the occupants are not tenants and would not therefore have tenants rights, so the landlord would have that comfort, but on the other hand, my client would have a roof over her head and having paid a holding deposit, that must be a fair compromise."

This was sent to them last night and they are supposed to run it by the landlord, but i have had no response from the agency what so ever. They are by NO means interested by the looks of things to compromise to help us in any way - even though the delay is due to themselves!

Preston
17-01-2009, 09:56 AM
Hi

It does seem as though the agent has messed up and caused you a real problem, but I can see why your solicitor is proposing a compromise.

Unless there is some more specific information you can provide, the details that were signed seem a little too vague for you to be sure that the landlord can be bound by them. For example, you mention a "proposed" move in date. It's difficult to judge without seeing the exact wording, but if your aim is to argue successfully that you had a firm and binding agreement for a tenancy starting on a specific day then you would want the paperwork to say this a little more definitely.

Anyway, sorry to be negative. If there is more detail you can provide I am sure you will get some further advice.

Preston

mind the gap
17-01-2009, 10:09 AM
If we are talking literally only a few days, I have a suggestion. (This is only a personal perspective - what I would do, although I do appreciate it may not be possible for you.) Rather than go to the expense of getting a solicitor to draw up a licence to occupy, I would save the money and either stay with a friend/relative if possible, or if not, stay in a Youth Hostel (they are basic but cheap, clean, comfortable and safe). Then I would move in as planned as soon as the credit checks come back and think about the discussion you will have with the agent/LL about the expense and inconvenience you have suffered.

Once you have signed the Tenancy Agreement, you have a legal right to know your LL's name and address - you could write to him, telling him the whole story and asking him to confirm that you may deduct the cost of the 'emergency' accommodation (not to mention the extra storage cost of your stuff, if you have belongings in storage?) from your first rent payment. He'd be mad to say no, if he wants to keep you as tenants.

Good luck, whatever you decide to do.

homelessgirl
17-01-2009, 10:22 AM
Thank you very much for the advise everyone. Much appreciated. We have still - after sending my solicitor's email last night at 18h20 as requested by the agency - still not heard a word back from the agency!! Typical. I will be sure to follow the route of finding accomodation and then discussing deduction from the rent with the landlord. My telephone bill has soared due to receiving calls in Thailand and Bulgaria to deal with this!

Many thanks and once again.