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View Full Version : Problem about pulling out URGENT!



a_ng
22-09-2006, 22:12 PM
Sorry for the long story.. but please read and help..

I was supposed to move in to my new apartment next Monday. We got a contract from the letting agent and we signed it and brought it back to the agency yesterday. When we got the contract, the landlady was there at the same time, she said she won't sign it until all our gurantor contract has been signed. At that moment, we provided the gurantor's 6 months bank statements with cash flow details and we agreed at the beginning we won't have to pay 6 months rent in advance if we can provide a gurantor. The gurantor signed and sent back the contract this morning. After a few hours, the agent phoned and said the landlady wanted us to provide 9 months rent in advance as we are students or we can provide full bank statements of our gurantor, but she advice us paying the 9 months rent will be a better choice. We do believe this is unfair as the contract didn't state that we have to pay so much rent in advance and the agent said the landlady will change the contract as she still didn't sign it yet. After all this, we decided we want to pull out as we believe we got the right to do so, as the landlady hasn't sign the contract and she wants to rewrite a new one and we didn't pay any holding deposits in advance for holding the flat. We phoned the agent and said we want to pull out as we are unable to pay the 9 months rent in advance. Then she said you won't have to, the landlady will be satisfied with what she got now and doesn't want any rent in advance anymore. Then we said as the contract was not signed by the landlord and she wants to change to a new one and it won't be legally started until next monday 25th sept so we got the right to pull out. The agent then said the landlady won't change a new contract and suddenly she said the contract was signed now!! It is really ridiculous because in just a few hours time, the landlord won't like the 9 months rent, won't change the contract and it was signed. We insist that we got the right to get back all our deposits because the contract won't start until next monday. I would like to know is this right or not as we didn't pay any holding deposits. One more thing is, when we want our deposits back, the agent said those deposits are for holding the property and pull it off from the market which she didn't advice us at the beginning and the contract stated that these 8 weeks deposits is to advoid us doing any damage to the property. However, after we paid the deposits, we asked the agent to bring us to the property to have a further look, we saw another agent doing a viewing with another client!! We asked why was it happening at that moment, the agent said because the landlady worries that we are pulling out from the rental process so she lets other agents to do viewings. I would like to know if the agent insist that our deposit is for pulling the property off the market but what we saw was so much different, can we have any action?

PLSPLSPLS HELP.. we have been messed up by the agent!!

MrShed
22-09-2006, 22:28 PM
So, in short, you have signed a contract but now want to break it?

http://www.landlordzone.co.uk/forums/showthread.php?t=3535

Look at that thread, basically the same question from the landlords point of view, and same answers apply. You do not have a tenancy, but you will breach a contract if you do pull out and as such will be liable for the financial loss to the landlord. Nothing else you post is either particularly relevant(although you are obviously not to know this) or will change this fact.

a_ng
22-09-2006, 22:32 PM
Probably yes.. because the landlady wasn't stating all the rent in advance in the contract I signed and I have never seen the contract which the agent said was signed by the landlady. Also, the property was not pulled off from the market after we paid the deposits.

MrShed
22-09-2006, 22:34 PM
None of that is actually important to the question.

Let me clarify. I am not stating that you are neccessarily wrong for wanting to withdraw in this situation - I would probably do the same. But...that is YOUR choice, and as such has financial consequences to yourself.

a_ng
22-09-2006, 22:37 PM
How about because the contract won't be legally start until next monday which was stated in the contract?

Thanks for yr help Mr_shed

MrShed
22-09-2006, 22:38 PM
No problem...check your private messages.