Tenancy Agreement Breach

Tenant Discussion
1

In the lead up to Christmas I was looking for a property to rent after separating from my partner.

After a successful search, I was given a move in date of 22nd December 2023 by the estate agent and subsequent to making the final deposit payment on Thursday, 21st December 2023, I received an email from the estate agent stating: "You will shortly receive an email from the landlord. You will be met by a member of the team who will give you the keys and a walkthrough of the apartment.

Regrettably, this anticipated contact never materialised. There were no missed calls, voicemails, or emails from the landlord. Which made me homeless over Christmas.

I did not receive contact from the landlord until January 3rd, 2024. This is when they informed me of the change in the move-in date to Saturday, 7th January 2024. This 12-day delay left me with inadequate time to make alternative arrangements during the Christmas period, ultimately resulting in temporary homelessness.

In short, after a very unpleasant experience I informed the landlord that I no longer wish to proceed with my tenancy. I was then told that if I want to terminate the contract, they will approve my request but I will need to pay the early termination fee of £1500. This is despite me already paying a deposit of £1900.

The landlord clearly failed to follow protocol and as part of their cover up decided to blame me for failing to move in. I am seeking clarification on how, under these circumstances, any individual, including myself, could feasibly proceed with moving in without access to the property or being given keys.

Given the aforementioned circumstances, I asserted that the landlord did not fulfil its obligations under the tenancy agreement. Therefore, I maintained my position that I am entitled to a full refund, and I rejected the imposition of an early termination fee.

Unfortunately they disagreed. What can I do to get my money back?

2

I think the answers to this, will depend on ‘what have you signed’, and what proof do you have of what was agreed?

Has a tenancy agreement been signed?

3

Apologies, I signed the tenancy agreement just before paying the deposit. Please see correspondence with estate agent via text.

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4

What date does your tenancy agreement say the tenancy begins?

5

22nd December 2023 - 21st December 2024

6

I which case, your landlord was in breach of contract by not allowing you into the property. In your shoes I would probably suggest to the agent that the landlord refund you the full amount now rather than you to sue them.

7

Did the landlord sign?

8

Unfortunately the landlord does not see it this way. They want me to pay a cancellation fee, which equates to almost 1 months rent and have no intention of refunding my deposit.

Landlord:

“Both the estate agent and us have been and have attempted more than adequate contact with you.

Our decision remains the same. If you want to terminate the contract, We will approve this request but you will need to pay the early termination fee of £1500”

9

You need to gather some sort of evidence that the landlord didn’t contact you to allow you into the property on the date the tenancy was due to begin. If you have something in writing that they moved the date to 7 January then that will do.

Assuming you have the above, I would send a Letter Before Action to the landlord and their agent letting them know that they are in breach of contract and you require a full refund and giving a deadline after which you may take legal action against him without further recourse.

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10

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