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Original poster

Estate Agent mixed up move-in date for rental property

40 replies

sally037 · 18/05/2023 18:31

Hi All,

We have recently secured a lease on a new rental property and paid the holding deposit and completed referencing as well as giving notice on our current rental. It was advertised as being available from the 19th June and all communication to/from the estate agent has been based on that move-in date.

However the estate agent has just called us and said he has mixed up the available from date and said the date it was available from was meant to be the 26th June as the existing family living in the property had agreed a weeks extension to their lease.

We had already had our notice served by our landlord as she is selling the property and the original section 21 notice ended the tenancy on the 28th June but we went back and told the agency that we had found somewhere else so could vacate on the 19th June which was accepted.

So effectively we are going to be homeless for a week with a 2 month old baby. Is there anything we can do? We don't have very much money and the thought of having to effectively double our moving costs by doing it twice in the space of 7 days and paying to store everything somewhere for that time along with living in a hotel or airbnb for a week doesn't really appeal.

OP posts:
sillyonehetpes · 18/05/2023 18:32

Did you sign anything with that date?

Just don't move out of current rental. Give your current landlord the heads up,

sillyonehetpes · 18/05/2023 18:33

Your current landlord will prob be ok with the extra week. Their hands are pretty tied by the way:

Boomboomboomboom · 18/05/2023 18:33

Go back to your landlord and explain the situation and that you cannot leave until 26th and will pay rent until you vacate. They won't be able to get you out any sooner so they'll have to accept it.

caringcarer · 18/05/2023 18:39

Just go back to LL explain the mix up and ask for June 28th.

Original poster
sally037 · 18/05/2023 19:09

Our current landlord is selling the property which is why she wants us out asap.

We tried to extend for an extra day last week (before we knew all of this about the property we were going to move into) so that we could do the move over a couple of days but she refused that and the estate agent said as she accepted our counter to move out on the 19th we couldn't change the date.

I think she has set the exchange and completion dates with her buyer for shortly after we are due to vacate.

OP posts:
sillyonehetpes · 18/05/2023 21:47

sally037 · 18/05/2023 19:09

Our current landlord is selling the property which is why she wants us out asap.

We tried to extend for an extra day last week (before we knew all of this about the property we were going to move into) so that we could do the move over a couple of days but she refused that and the estate agent said as she accepted our counter to move out on the 19th we couldn't change the date.

I think she has set the exchange and completion dates with her buyer for shortly after we are due to vacate.

Just be firm with them. 28th. You have a baby. They literally won't get a court order to get you to move out.

However I'm sure there are others in the chain that have booked everything..... so you may need to consider them as well.

Can you get an Airbnb for a week?

CC4712 · 18/05/2023 21:52

I have no idea legally where you stand- but I'd be going to the estate agent and asking about their own insurance- for the their own cock ups! Surely if its THEIR fault, then they need to pay compensation for you to stay elsewhere for the week? Ask your solicitor.

Barstools123 · 18/05/2023 22:01

sally037 · 18/05/2023 19:09

Our current landlord is selling the property which is why she wants us out asap.

We tried to extend for an extra day last week (before we knew all of this about the property we were going to move into) so that we could do the move over a couple of days but she refused that and the estate agent said as she accepted our counter to move out on the 19th we couldn't change the date.

I think she has set the exchange and completion dates with her buyer for shortly after we are due to vacate.

She will not be able to evict you. It takes time to get a court order, bailiffs etc. She's an idiot for basing a sale date when a tenant might move out.
Stay put.

negomi90 · 18/05/2023 22:03

Estate agent first. Escalate to the manager, ask them to house you, as this is their fault.
If that doesn't work, just don't leave your current place. It will take far longer than a week for a court order. It won't affect the references for your new place, as that's all sorted now. Give current landlord and apologetic heads up so they can consider warning the next people. But they won't be able to do anything about you staying for a week even if they know in advance.

hopefulsquirrel · 18/05/2023 22:06

Exchanging on a property is never set in stone and can always be delayed so nobody should have made concrete plans based on that. I would just tell them you need the extra week.

pinksheetss · 18/05/2023 22:07

I wouldn't go kicking off at new estate agent, especially if you haven't signed any lease for the property.
Unfortunately mistakes happen and I'd always be wary until a lease is physically signed

Your best bet is staying out where you are for the extra week. Let current LL know the situation and you will be homeless with baby, pay them the extra week rent

BetterFuture1985 · 18/05/2023 23:28

sally037 · 18/05/2023 18:31

Hi All,

We have recently secured a lease on a new rental property and paid the holding deposit and completed referencing as well as giving notice on our current rental. It was advertised as being available from the 19th June and all communication to/from the estate agent has been based on that move-in date.

However the estate agent has just called us and said he has mixed up the available from date and said the date it was available from was meant to be the 26th June as the existing family living in the property had agreed a weeks extension to their lease.

We had already had our notice served by our landlord as she is selling the property and the original section 21 notice ended the tenancy on the 28th June but we went back and told the agency that we had found somewhere else so could vacate on the 19th June which was accepted.

So effectively we are going to be homeless for a week with a 2 month old baby. Is there anything we can do? We don't have very much money and the thought of having to effectively double our moving costs by doing it twice in the space of 7 days and paying to store everything somewhere for that time along with living in a hotel or airbnb for a week doesn't really appeal.

The letting agent made a negligent representation (that the flat would be available from 19 June). Assuming you cannot stay for one further week in your current home, then you have the right to claim damages from the letting agent.

BetterFuture1985 · 18/05/2023 23:31

sally037 · 18/05/2023 19:09

Our current landlord is selling the property which is why she wants us out asap.

We tried to extend for an extra day last week (before we knew all of this about the property we were going to move into) so that we could do the move over a couple of days but she refused that and the estate agent said as she accepted our counter to move out on the 19th we couldn't change the date.

I think she has set the exchange and completion dates with her buyer for shortly after we are due to vacate.

As for this estate agent, I'm not sure whether they have a full enough understanding of contract law. They seem to think your decision to vacate the property earlier than 28 June was a new contract. Your offered to leave earlier and the landlord accepted less rent. But in fact this was probably a waiver and you have the right to change your mind provided you give reasonable notice.

TimesRwo · 18/05/2023 23:35

Have you signed a tenancy agreement? If not, I think the emails you have should be enough to show the agreed move in date.

Seeing as you can’t move in when agreed, the landlord needs to cover your costs, including any temporary accommodation costs.

I would make it clear to the EA that this is your expectation on what happens next and ask them what information they would like as prove for your loss.

In reality, you might need to end up going to court to get your costs but definitely have the conversation.

ThreeFeetTall · 18/05/2023 23:48

Your current landlord won't have exchanged on the sale I would think. They will want vacant possession. Don't move out. What are they going to do? Section 21 notice just means 2 months before they can apply to court, no bailiff will be coming on that date.

IAteAllTheTomatoes · 19/05/2023 00:13

It's 7 days. Just go back to your current landlord and advice that regrettably due to a mix up, you require 7 more days that you are no to trying to be difficult or anything but that you really would appreciate her co-operation given it's such a short space of time & a genuine error. Even offer her evidence of the new tenancy to ease her concerns.

It won't be worth her time and the cost involved in taking any action for the 7 days. She also risks the place being damaged or ling term overholding.

There isn't a solicitor in the world that would advice her to hold off for a week.

ChocChipHandbag · 19/05/2023 00:45

Do you have it in writing that the new property is available from the 19th?

Sounds like you haven't yet signed the new lease?

As others have said, you can't be forcibly evicted within 7 days.

However, if your current landlord really is in a bind having agreed to complete within 7 days of you leaving, could you, as a compromise, ask the agent to pay for storage of your things for the week?

prh47bridge · 19/05/2023 10:23

BetterFuture1985 · 18/05/2023 23:28

The letting agent made a negligent representation (that the flat would be available from 19 June). Assuming you cannot stay for one further week in your current home, then you have the right to claim damages from the letting agent.

Show quote history

No, she does not. Basic contract law - the letting agent is acting as an agent. The landlord of the property OP wants to move to is responsible for the agent's actions. Any misrepresentation is therefore by the landlord, not the agent.

If OP has signed a lease stating 19th June, she has a case against the landlord. If she hasn't signed a lease, she is unlikely to have a case. Either way, she definitely doesn't have a case against the letting agent.

sillyonehetpes · 19/05/2023 11:45

@prh47bridge no it's the rep.... they are acting on behalf of the landlord

prh47bridge · 19/05/2023 12:42

sillyonehetpes · 19/05/2023 11:45

@prh47bridge no it's the rep.... they are acting on behalf of the landlord

Yes, they are acting on behalf of the landlord. That is why any claim is against the landlord, not the agent - Montgomerie v United Kingdom Mutual Steamship Association.

BetterFuture1985 · 19/05/2023 18:37

prh47bridge · 19/05/2023 10:23

No, she does not. Basic contract law - the letting agent is acting as an agent. The landlord of the property OP wants to move to is responsible for the agent's actions. Any misrepresentation is therefore by the landlord, not the agent.

If OP has signed a lease stating 19th June, she has a case against the landlord. If she hasn't signed a lease, she is unlikely to have a case. Either way, she definitely doesn't have a case against the letting agent.

Show quote history

Thanks. OP can sue agent for damages under a Tort, not the contract.

Original poster
sally037 · 21/05/2023 12:42

IAteAllTheTomatoes · 19/05/2023 00:13

It's 7 days. Just go back to your current landlord and advice that regrettably due to a mix up, you require 7 more days that you are no to trying to be difficult or anything but that you really would appreciate her co-operation given it's such a short space of time & a genuine error. Even offer her evidence of the new tenancy to ease her concerns.

It won't be worth her time and the cost involved in taking any action for the 7 days. She also risks the place being damaged or ling term overholding.

There isn't a solicitor in the world that would advice her to hold off for a week.

Apologies for the late reply, thank you all for replying to me.

We stupidly did not have the new lease agreement signed - we asked to leave our current tenancy early based on the 'available from' date that the estate agent gave us via email when we paid the holding deposit and what was posted on Rightmove for the new property.

We did tell the estate agent and landlord on the current property about the mix up and how we just needed an additional 7 days but they are not having any of it and have told us that we need to be out regardless and told us that we are putting her sale into an 'incredibly uncomfortable and risky position.'

All we are asking for is to go back to the date on the original Section 21 notice but they are saying that because she has accepted our counter notice and now arranged her exchange date we will need to be out on the 19th.

OP posts:
ChocChipHandbag · 21/05/2023 16:12

You still have about 6 weeks to sort this out. How much stuff do you have- a large removal van full, a transit van full, somewhere in between?

Do you have a car?

Putting the legalities to one side, some practical ideas might be:

  1. See if a friend/family has a box room or garage you can use to store some stuff for a little while. Pack up as much small stuff as you can and take it there. Use multiple people if needs be- a suitcase here, a couple of boxes there.
  1. If you'd have had the funds/leave for a holiday this summer, book it for 19 to 28 June. Or arrange to visit family or friends further away.
  1. Take a good look around your current place, be ruthless about getting rid of anything that you are not 100% sure you will need in future, or might have been looking to replace soon anyway. Sell anything which can be sold, donate and dump the rest. Or is there anything that someone else might appreciate as a medium term loan- a lawnmower, a trampoline, a bike etc? They can return to you in your new place.
  1. Use up all the food in the cupboards and freezer.
  1. Do lots of research on the cheapest possible storage options for any big stuff like sofa, bed etc that you absolutely must keep.
  1. Could you hire a van for a week and find somewhere safe (eg a driveway) to park it up for a week with your stuff in it?
ChocChipHandbag · 21/05/2023 16:13

Apologies, 4 weeks not 6.

IAteAllTheTomatoes · 21/05/2023 18:10

I really think this is more simple to overcome than you think.

Plan A:
Ask her do you think (a) copy of the new lease with the commencement date, (b) a legal undertaking from you to vacate by that date and (c) evidence that you are planning on leaving i.e. pictures of you boxing up items or packing etc. will be sufficient to reassure her and her buyer than it is just a week

Plan B:
If there is no option for her to put the sale back a week. Ask her can she release your deposit early so you can cover the cost of storage for a week. Can you put items in yhe garage but vacate the house? Can you stay with friends or family for one week?

Tell her that you will do everything possible to co-operate insidar as possible? Has she any suggestions that would help.

Personally if it were me and I needed you out on time rather than lose a sale, I'd pay for you to get out. She probably doesn't want to do that unless absolutely necessary so Ask what reassurance her buyer needs to delay the closing for a week?