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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think that my (upcoming) landlord should pay to put me in a hotel?

260 replies

RogelioMyBrogelio · 27/08/2018 08:32

I’m due to move into a flat next Monday, but unfortunately I’ve had a call today to say that the upstairs flat has had a burst pipe and my (soon to be) flat has significant damage to the ceiling, walls and electrics. An insurance assessor is coming tomorrow apparently, but my new (upcoming) landlord says I won’t be moving in next week by the looks of it. I’ve asked if she can put me up in a hotel until then, as my current tenancy ends next week too. She has said no as the new tenancy hasn’t started so she doesn’t have me covered on her insurance, and I also haven’t signed a contract (she did send me one but I was just gonna leave it until the day I moved in to sign it). I have given her a month’s deposit, which she has protected and is offering to send back to me today out her own pocket so I don’t have to claim, but what I really want is to be in that flat! a contract has been drawn up and dated 2 weeks ago so AIBU to think that the protections stipulated in that contract should apply to me (it says in the case of emergencies that the landlord will put the tenants up in a hotel)

OP posts:
Jimdandy · 27/08/2018 08:33

If she’s accepted the deposit, it does not matter that the co tract is not physically signed. It’s acceptance by conduct.

I’d keep all receipts and take her to small claims.

Secretsquirrel101 · 27/08/2018 08:34

It's shit but you say yourself you haven't signed the contract...

Llanali · 27/08/2018 08:34

It may have been drawn up but you haven’t signed it?

Secretsquirrel101 · 27/08/2018 08:34

Ah, maybe I'm wrong 🤷🏻‍♀️

HuckfromScandal · 27/08/2018 08:34

You didn’t sign the contract though??

LeftRightCentre · 27/08/2018 08:34

No signed contract (which likely won't be valid until you move in) so yeah, YABVU. Take the money. Find another place to live.

DeadGood · 27/08/2018 08:35

I’m amazed that you (and she) were happy to wait until the day you moved in to sign the contract.

Aridane · 27/08/2018 08:36

Hmm - I would think a lease is one of those documents that actually has to be signed- happy to be corrected though!

user1483387154 · 27/08/2018 08:36

You didn't sign the contract so no she doesn't have to do anything

AnyFucker · 27/08/2018 08:37

I would go to Citizen's Advice and see what your rights are

I suspect you have none, sorry. Can you sofa surf until the work is finished and store your stuff in undamaged rooms of the flat ?

glintandglide · 27/08/2018 08:37

Oh god that’s awful. I agree that until you’re a tenant, the rights of a tenant in this situation don’t apply, I’m really sorry. The deposit isn’t entering into a contract.

How awful. Is it through an agency? Can they find you somewhere else quickly?

Ignoramusgiganticus · 27/08/2018 08:39

If she's returning the deposit, dies that mean she's anticipating that you are not moving in at all, ever?

glintandglide · 27/08/2018 08:40

No presumably she’s giving Op the option to wait a week or not move in at all.

Original poster
RogelioMyBrogelio · 27/08/2018 08:40

It’s a private landlord. She wanted me to meet to sign the contract when she drew it up but I wanted to do it last minute to protect myself (I had a restructure coming up at work and luckily found out last week that my job is safe). I didn’t say this to her as I didn’t want her to revoke the offer of the flat, so just said I was away until the day before moving in!

So if I did take her to small claims what could I claim for? My current property hasn’t actually been let yet so I can probably stay a bit longer (it’s with an agency who are closed today for the bank holiday!)

OP posts:
Original poster
RogelioMyBrogelio · 27/08/2018 08:42

If she's returning the deposit, dies that mean she's anticipating that you are not moving in at all, ever?

She said that because she won’t know for possibly a few days how long the flat will be a no-go zone for, that she is giving me flexibility. I mean if it’s only gonna be a case of drying it out and I have to wait a week I’ll happily wait but if it’s a full replanter then that could take weeks!

OP posts:
Original poster
RogelioMyBrogelio · 27/08/2018 08:43

*Replaster

OP posts:
NameChange30 · 27/08/2018 08:45

“I also haven’t signed a contract (she did send me one but I was just gonna leave it until the day I moved in to sign it)”

YABVVU

You didn’t want any obligation to your landlord but now you are making up obligations for her to provide for you

Find your own hotel or B&B or whatever and pay for it yourself.

I suggest you find out when the new flat will now be available and amend the tenancy agreement with the new start date. Then sign it.

Unless of course you think you can find somewhere else to move into immediately.

Biologifemini · 27/08/2018 08:46

You haven’t signed the contract so you are really stuck.
If I was the landlord I would give you the deposit and walk away and get the works done.
Both you and her would be in a much better position in terms of insurance if you had signed the contract.
You need to find somewhere else to live.

EdisonLightBulb · 27/08/2018 08:46

So you didn’t sign the contract as you wanted to reserve the right to drop out at the last minute but you think she should put you up in a hotel because she had to drop out at the last minute? And through no fault of her own. Not only that but you could stay where you are for a bit longer?

EnthusiasmIsDisturbed · 27/08/2018 08:47

There is no contract signed

You choose to give her a months deposit and she is returning that

That flat is unlikely to be ready to live in for a while I would find somewhere else

And don’t hand over so much money until you have signed a contract

Fireworks91 · 27/08/2018 08:47

So you can stay where you are longer potentially? What's all this about a hotel then?

LostInShoebiz · 27/08/2018 08:48

So you wanted to have your cake and eat it by signing the contract on moving day...so why the hell did you pay your deposit money over? To any court that could be clear acceptance of the terms in the contract.

Your landlord is being incredibly generous in offering you the deposit back immediately from their own pocket.

PalePinkSwan · 27/08/2018 08:48

FFS, you deliberately didn’t sign the contract because you did not want to be bound by it yet.

You lied to the upcoming landlord to conceal your reasons for not signing.

You cannot now go to court and argue that in fact the unsigned contract was binding by conduct, when you were banking on it not being!

Landlord has no legal obligation to pay your hotel costs - I was a property lawyer for years, you have no hope here. You are also morally in the wrong.

CuriousaboutSamphire · 27/08/2018 08:48

Go to CAB or Shelter, get some proper advice. There are some very specific regulations around renting and incidents that make people homeless.

It may not be as simple as "You didn't sign up so tough" for you or your not quite landlord. As Jimdandy said, she accepted your deposit, which implies a contract, so her insurance may well cover her.

Good luck.

Twillow · 27/08/2018 08:48

Presuming you really want this flat, I'd be an understanding tenant. Take her to small claims etc even if entitled and there's no way she will let to you afterwards!
It's a good idea to ask to store some of your stuff there, get your foot in the door as it were, refuse your deposit back for now, and as you say your current agency would probably be accommodating until you know the length of time involved for sure.

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