Letting agent given house away

[samanthajonespr]

I really need some advice, we're angry and upset.
Currently renting a tiny 2 bed, now have 2 children and are searching for a 3 bed to rent while we get the rest of our deposit together. Found perfect place in our price range, viewed on 16th March, let letting agent know we wanted it, filled in relevant forms etc. Landlord chose us to take it so we did all our references and passed all that and paid a holding fee. Moving date was 29th April. Then lockdown comes into action. We are not able to move because I was self isolating and we didn't have access to the resources that we would need to move because of the new restrictions. We phone letting agent, they agree to move the moving date to May 29th provided the lockdown was over. All is well, we've given our notice to our landlady and have started packing everything up except essentials.

Today, husband gets phone call from letting agent after he sent an email to ask if all is still ok for 29th May and we are told that it was agreed with us if we didn't move in on 29th April that we would be breaking our agreement, the holding fee was void and the house had been put back on the market and is now currently being rented to someone else who has moved in this week (or so nosy relatives tell me). No such conversation took place and we are utterly gobsmacked and upset. What the actual fuck do we do now? Is the letting agent in the wrong?

You really should have paid rent from the original moving in date - that way this could not have happened.
You can't expect the landlord to keep the property empty for an unspecified length of time (after all, you might have later turned round and said you couldn't move in on the 29th May either).
It's definitely a case of miscommunication - maybe the letting agent agreed the 29th May thing with you, the LL then said that wasn't ok but the letting agent didn't get back to you.
I'd kick up a bit of a fuss to try to get the holding fee back and you'll know for next time to get everything in writing.

Letting agents .... dontcha luv 'em

sorry to hear this OP, but not surprised.

Surely you would have realised the agent couldn’t agree to that without consulting first?

Hi everyone, I've been fielding angry calls and texts from family as the news has done it's rounds 😅. Small town and people stuck inside

We are supposed to be getting our holding fee back tomorrow which is something. They are claiming that they told us everything but we weren't even aware it was going back on the market. We're looking into making a complaint. The property went back on the market on the 24th which is when we asked for the extension. Somethings not adding up

It sounds to me as though there wasn't a contract in place. OP makes no reference to paying a deposit.

I would suspect that when they said they couldn't get the resources they needed to move in on 29th April, they went to another interested party that could. I think communication has been poor or misunderstood or both. It would be highly unusual for a landlord to agree to a needless month long void with the possibility that OP would then want to delay further when there were potential tenants ready and willing to move in.

maybe the letting agent agreed the 29th May thing with you, the LL then said that wasn't ok but the letting agent didn't get back to you.

Surely you would have realised the agent couldn’t agree to that without consulting first?

Both of these points seem to misunderstand what an agent is. An agent has authority to reach an agreement that binds the "principal" (in this case the landlord). That's the whole point of agency. The OP was entitled to assume that the agent had authority from the landlord to make an agreement. The problem which she has is proving what was agreed!

threaten them with allagents.co.uk its open for complaints from people whether selling or renting - whether landlords or tenants

There's some incorrect legal advice on this thread. I recommend you get actual legal advice rather than rely on anything stated on this thread. This isn't my area of law, but if I were to have a stab at it (as a qualified lawyer), I'd want more information before I could meaningfully advise you, and that's why you need proper legal advice.

CAB

Yes CAB, law clinic or a solicitor if you want to take this further. But getting deposit back may be best outcome in this scenario anyway do not necessarily pushing further.

@PlanDeRaccordement If you are writing that contracts need to be modified in writing you’re clearly not a lawyer so why not at least google what you’re saying to see if it’s correct? there has never been any requirement in English contract law for a contract (or modification to a contract - which is another contract) to be in writing. Whether an oral contract or variation can be easily proved is a different matter.

You have paid no rent. You did not pay a deposit. You did not even commit to a date - it was "if lockdown is over as we currently don't have access to resources". You have not signed a tenancy agreement. You have not paid your deposit to the LL. The tenancy does not exist.

There was a clear misunderstanding. The agent obviously thought you were a "possible" as you hadn't confirmed and didn't get back to him and hadn't signed your tenancy contract.

Unfortunately no tenancy contract signed, no leg to stand on.

An agent has authority to reach an agreement that binds the "principal" (in this case the landlord). That's the whole point of agency. The OP was entitled to assume that the agent had authority from the landlord to make an agreement. The problem which she has is proving what was agreed!
That might be the theory but does it work like this in practice?
I have rented several flats over the years through letting agencies and they have always queried things with the LL and the LL decided which of the prospective tenants would get the flat. That's why I suggested maybe the agent had asked the LL and they said no but didn't get back to OP with the info.

An agent has authority to reach an agreement that binds the "principal" (in this case the landlord). That's the whole point of agency.

Only if the landlord has given them that authority, it’s not automatic. There are different levels of management that the LL can employ from the agent, not all of them will give the agent the authority to say whatever he wants and have it be legally binding without the say so of the landlord.

The agent may have acted badly, but it was in response to the OP breaking the original agreement. OP could have chosen to sign the tenancy agreement and pay rent even if they couldn’t move in straight away. It’s not reasonable to expect the landlord to lose rent for an undetermined amount of time just to suit you.

@Genevieva and how will op prove the verbal agreement?

Normally that is hard. In this instance national circumstances make it pretty damn clear that it is a reasonable to assume the OP is telling the truth. Remember that civil law cases are decided on the balance of probability and not beyond reasonable doubt.

There’s been a miscommunication certainly - why would a landlord agree to a property lying empty with no rent coming in for a month when they could have someone else fill it ASAP.

Make a complaint and find out what went wrong (getting your fee back is about as best as you can hope) but ultimately there’s nothing much else you can do but look elsewhere.

You have paid no rent. You did not pay a deposit. You did not even commit to a date - it was "if lockdown is over as we currently don't have access to resources". You have not signed a tenancy agreement. You have not paid your deposit to the LL. The tenancy does not exist.

This.

I think you've been very niave in thinking the agent or landlord would hold the property for you for so long under these circumstances, and with no definite date when you could move in.
Chalk this up to experience, talk to your current ll to extend your tenanacy and maybe don't start looking again just yet.