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Legal matters

Can anyone advise? I can't stop crying (housing related)

12 replies

CajaDeLaMemoria · 12/02/2013 19:18

I'll try to keep this short...

I live in a rented house. We gave notice a while ago in accordance with the contract. We asked to be allowed to advertise the property immediately and move earlier if a tenant could be found, which was agreed.

We've had several viewings, but the first proper offer was accepted last night. It was dependant upon the new tenants being able to move in this weekend. This was pretty inconvenient, and meant I spent all of yesterday evening trying to work out how this could happen.

This morning I offered to move in the morning on the date they wanted, so they could move in the afternoon. I was told the rental manager would get back to me.

I called again before lunch and spoke to someone else who said the notes had been updated, and the afternoon move was fine. I was told that they just needed to check if I would be liable for commission. I confirmed that everything was done, we'd definitely move on that date, and was assured we would. I was told we'd get it in writing as soon as the commission was agreed.

Booked removal company, cleaning company, changed doctors and mental health teams, changed sky, electric, water, internet...everything. I've started to pack and pretty much destroyed the house.

Called again at 5pm as I'd got no email yet, was told it was all fine but email would be sent in the morning.

I've just got another call to say the tenants have pulled out, and therefore I'm still stuck here. Apparantly the man who told me that it was all fine was wrong, and must have been mistaken. He's gone home, so cannot be asked if he did infact give me incorrect information. I have booked everything based on his say, due to the short time frame involved.

Tried to call back and speak to a manager but the manager is the person who told me the above, and he's said there is nothing he can do until he speaks to the man. He wouldn't give a suggestion of what would happen either way.

I can't afford the rent on both places. I never would have proceeded had it not been confirmed. I'm so upset....is there anything I can do now, or am I completely stuck?

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Portofino · 12/02/2013 19:24

I would move and sort it out afterwards. Do you have stuff in writing? Is it a Management company you have been dealing with?

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CajaDeLaMemoria · 12/02/2013 19:35

No, that's the problem... they didn't email because they were waiting for the commission we'd owe to be confirmed, and were then going to email. So all I have is my phone log of calls that show that I called several times, and then immediately called the new agent/removal men/cleaners/everything else.

It's a letting agent. I've just called and asked to speak to a manager but was put through to the same man who wouldn't do anything. He said he needs to speak to the man tomorrow and see where we go from here.

I'm crushed...there is a lot wrong with this house and to be able to leave meant everything, hence agreeing a move for 6am on a Saturday.

It feels so unfair that they can lie, and there is nothing I can do.

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CajaDeLaMemoria · 13/02/2013 09:34

Bump - any advice on this this morning?

I'm expecting a call back any minute now, but I'm presuming he'll say that there was confusion and I'll have to pay both contracts.

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botandhothered · 13/02/2013 10:00

Did you have to give more than a months notice? From what you have said, surely there is very little time left on your current lease? Surely you have paid your rent in advance too?
Yes, they messed it up. I would tell them that you are moving on Saturday as planned, and not to expect you to pay the remaining time?
Surely only a couple of weeks? See what they say.
Thing is if you paid in advance, you will have a harder job getting any money back from them.

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CajaDeLaMemoria · 13/02/2013 10:54

We have to give three months notice. There's a month and two weeks left, and the last rent payment is due in a week and a half.

I have paid a deposit of a month and a half's rent, but that's in a scheme.

I'm now due to sign a new contract today and move in to the new house in a few days, so I need to pay the deposit and rent for there, and that'll leave me with nowhere near enough to pay for here as well.

No-one's bothered to call back yet, which seems unprofessional. It's been absolutely terrible service so far.

I think I'll go with that approach - telling them I'm now contracted to leave and seeing what they say. Thank you.

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botandhothered · 13/02/2013 11:53

Give them a ring and kick up a stink. I think them not ringing you speaks volumes. They know they have cocked up.
Demand they pay the next month's rent, say you have spoken to citizen's advice or whatever and that they now owe you!
Worst case if you move out and don't pay, they will ask to keep the deposit you originally paid. At that point you can either give permission to let them have it or refuse and see what happens? That will take weeks!
Really don't have a clue about the legalities, sorry, but this could bide you some time to pay?

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CajaDeLaMemoria · 13/02/2013 14:18

Yes, that's true. Thanks so much for your thoughts.

It's been a bizarre day - after I posted he called and said they would hold me liable, and ended the call being very aggressive. I told him I wasn't comfortable him doing viewings any more.

An hour later our door got kicked in. Baracaded myself in the bedroom but they forced the door. Police came and he swore he had permission... The people he was showing round have said that he kicked the door in, though.

Desperate to leave now. This place has been he'll.

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botandhothered · 13/02/2013 16:04

OMG! Can you contact the landlord directly and explain what's happened? How awful for you.
Are they a national letting agency. Is there a head office that you can complain to?
Have the police said if they are taking action?
Is the door broken? Who's going to fix it?

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CajaDeLaMemoria · 14/02/2013 10:13

The door got fixed yesterday, I think the police woman arranged it but I was very dazed.

I'm expecting an update on what happens now today - the police told me to expect an apology call from the agent (hasn't happened) and wrote down everything so I can press charges if I want.

I haven't complained to anyone yet...I just needed to get out of the house yesterday, and today I feel very nervous being here. I'm completely on edge.

The police told the landlord what had happened, and the landlord said she'd immediately stop that agent from being able to let the property, but hasn't said anything else yet. I may approach her and tell her that I can't stay, in the hope she'll be sympathetic.

I'm waiting to hear back from the crisis team again today because I can't concentrate at all. I feel so shaken.

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botandhothered · 14/02/2013 17:24

I hope you're feeling a bit better this afternoon, Caja?
So glad that your landlady knows what has happened. Only one more day to go, then you will be in your new place.
I am sure your landlady will be very sympathetic under the circumstances.
I would definately be pressing charges. This man should lose his job.

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mum47 · 14/02/2013 17:32

Just a wee thought, perhaps you should quickly write down the chain of events so that if there is any fallout, you have it logged to jog your memory. It is amazing how difficult it can be to remember who said what to whom after the event.

Re your deposit, it will be lodged in a Tenancy Deposit Scheme - you have to agree to it being released to the agents - it is a very new scheme, but you can log a dispute with the Company who will hang onto the Deposit until sorted out - a pain if you need it but better than it getting into the agents hands, and I think the Company would get involved in the dispute resolution.
Good luck!

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botandhothered · 15/02/2013 18:21

Good luck with your move tomorrow, Caja.

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