Hi all,
A landlord through a letting agent canceled our tenancy agreement and claimed that he’s gonna withdraw his property from the rental market right on our move-in date. With all the additional costs (including short-term accommodation, moving costs, time costs to find another property asap and inconvenience to our personal arrangements), how much should I legally ask for compensation for all the inconvenience they have caused? Thank you.
had you signed a contract and paid any money?
Yes, deposit and 6-month rent in advance.
Consult a specialist lawyer for this. Out of interest, did they give a reason?
assume you have no keys?
They found out at least the boiler to be fixed right on the move-in date (as what the agent told us), LL refused to fix the boiler or other unknown possible issues they found, and LL decided to cancel the tenancy, withdraw his property from the market instead.
Supposed to meet our agent to take the keys before the time we move-in on the day, but they kept postponing our meeting time as issue was found to be fixed in the flat (as what they mentioned to us). And canceled the tenancy right away.
Did you have a tenancy agreement signed by landlord or agent?
Had you paid any rent?
Yes, everything co-signed ard a week ago.
Paid all deposit and 6 months in advance.
You can claim for all costs incurred but you must mitigate.
It’s ridiculous that they would do this! Their explanation doesn’t really add up I would seek a specialist lawyer straight away.
As Mark says, you can claim for your costs if any, such as removals, storage of goods and temporary accommodation, but only if you incur these. You must also not delay finding a new rental.
They are only offering a compensation of 150pounds more than the initial one month rent - but that is totally insufficient for us to cover our one month Bnb accommodation in the area, given such short notice, let alone all other costs such as moving, time costs and stress they are causing us.
Have you paid 6 months rent upfront or deposit and one month rent? Do you have a copy of the signed tenancy agreement?
we paid 6 months + deposit.
yes all documents well kept.
Tell them that your costs are likely to be greater than £150 but you will make efforts to keep them to a minimum, but will bill them once you have receipts.
If they equivocate about this I would let them know that I was prepared to take legal action to recover my costs from them.
To be precise, it’s £150 + one month rent they are compensating.
We’d like to see if this amount has already passed the legal bottom line of what they had to offer? Because on our side, the £150 + one month rent is not able to cover our Airbnb cost for around 3-4 weeks (around 100 per night for a one-bed flat - already the relatively cheaper ones - to stay in at our area now).
The legal bottom line is your actual costs.
that landlord is an idiot to do that to you
From what you say the landlord is completely in the wrong. And you have may wish to point out that as he cannot end the tenancy until the fixed term is expired you a legal dispute could potentially block the sale or reletting of the property as well as seeking compensation.
However working out any compensation due needs a proper audit of you costs , working out of actual and potential losses. I really suggest you seek advice from a property lawyer and ask them to suggest you landlord to make any settlement offers through them to avoiding waiting times will silly offers. Let him know iit goes to court you will seek to be awarded legal costs, cost of temporary accommodation until you obtain a new rental and some consideration for distress caused due to breach of contract. Be careful about accepting back the rent you have paid in advance and the deposit - as now you are in a very strong position still having full rights as a tenant and have a right to move in and have the boiler fixed.
But please don’t take my advise on this get a legal representative who knows what they are doing. tomorrow ! .
as stated getting contact with someone who really knows what they’re talking about legal wise.
you are 100% in the right. Although You haven’t actually been given the keys, because had you been given the keys? The landlord could not give you notice in the first six months and then would have to give you two months notice at the end of six months. By then the new dreaded S 21 would’ve been removed as an option.
Compensation could be based on the two months notice as whilst your costs could be billed to them. Are they actually going to pay it? So getting money upfront? Is probably a better option.
It’s landlords like this, which is caused the legislation to be changed and really P’s many of us Good Landlords off.
Although Shelter doesn’t always see the landlord side!!! It would be worth having a chat with them as well as they may be able to help with the legal letter.
Of course everything is going to pile up on you and there’s no guarantee that you’re going to get a property in the next four weeks and at the same price, have you looked around, have you found an alternative, are you in discussion?
Certainly, if the landlord paid you two months rent and all your fees back that would seem affair settlement and giving you time to look for a property with a contribution towards your temporary accommodation and additional travelling costs looking for property. That’s just my point of view and as a landlord who would never put you in that position.