Landlords have pulled out with a fortnight to go - facing homelessness... eek! WWYD?

[10000HZ]

I need some sensible advice and possibly a mild slap around the chops as I'm pretty upset..

We found a great house to move into (private landlord on Gumtree) the LL's currently reside in the property but had exchanged contracts on a new home. They were just waiting to complete which they expected to do within a week. We allowed 6 weeks notice 'just in case' and handed in our notice with our current LL's.

Now two weeks 'til the move date, the new LL's have encountered an issue a couple of links up the chain and everything's been delayed. They have apologised and want to give us our deposit back and take the property off the rental market.

Now, I know that we should have insisted on a contract straight away (they've delayed when we requested this) and I know that we should have heard alarm bells when they said that they hadn't completed, but what's done is done.

Oh Shit. Do I have any rights whatsoever? Can I claim for expenses for interim furniture storage and accommodation? I have a 2yo, money is very tight and I don't have anyone that we can conveniently stay with so this is really not ideal. :(

Sorry , unless you ahve paid a deposit and ahve a contract you have suffered no financial losses to claim. At least they are not stringing you along. Can you stay where you are or has it been relet already ?

Our current house has been re-let.
We have paid a deposit (and got a receipt thankfully) We also have email communication detailing the moving-in date. Just not a sodding contract.

You need proper legal advice (CAB?)

I think that if you have paid a deposit, you can claim there is an implicit contract as you have given consideration. It is a question of what a "reasonable" person would think. They clearly would think you have not paid a deposit without expecting something back in return.

However, I am not a lawyer. In addition, even if you have some rights, you would have to sue them for compensation, which would be stressful and time consuming.

Might as well go to CAB and ask though..

Legally a verbal contract is as binding as a written one, and since you have email/receipt/can probably track funds, you do have some proof of it. However, it's very difficult to enforce, particularly as you have no third party (agent) to speak up for you and time is so critical here. CAB may be worth trying but they do ask about your income before helping out.

Could you have one more try speaking to the new LL and tell them you have a formal agreement, they accepted your money, so they should move into temporary accommodation, not you? I would also get started finding a new place ASAP as the new LL may bank on just delaying you until you are forced to move somewhere else.

It really sucks and I'm sorry they treated you like this. Maybe use an estate agent to try and find somewhere else? They are not my favorite professionals but should at least fight your corner in a situation like this (or they won't get their commission from the LL!). Good luck.

Try phoning shelter right now.

they will be faster and more expert than cab.

can't type more am feeding baby.

but agree with larrygrylls.

Thanks, larry- CAB is a good shout.

I'm slightly mystified as to why they aren't prepared to put pressure on their vendor to move out so they can move in, you'd think in the current climate a vendor would be only too happy to appease their buyer.

But nooo.. seems that everyone's happy to let the tenant at the bottom of the chain become homeless. If they're arsehole enough to let that happen then believe me, I've got the tenacity to sue them.

oh yes of course, Shelter! I'll call them right now. Thanks, Queen.

what did they say?

good luck.

In law there may well be a contract. You made a bargain that had a definite moving in date and in consideration of this you paid a deposit. A court may make an order of specific performance ie making the landlord grant you possession.

If not you may be able to get damages ie for your losses arising out of the breach of contract.

Call Shelter.

Whereabouts in the country are you?

Do you have home contents insurance? If yes check to see if you have legal expense cover. If you do contact your insurer and find yourself a good property lawyer - Chambers guide to the legal profession is a good place to start.

Thanks Wollstone, good point on the contents insurance. I'm in London, btw.

Queen - Shelter were great, they gave me some really good advice about what the council will do for me and what my rights are with the LL.

Spoke to LL again, want to keep on vaguely good terms with them just in case they do come good on the deal and we end up being their tenants, don't want to get off to too horrific a start. It is a lovely house

Good news is that a friend of a friend is going away for a couple of months and has incredibly kindly offered us his flat until he's back if we need it :) so I shan't be living in a box. Hurrah for the nice people of the world.