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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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A letting agent has shown us a 2 bed room flat to rent, for

Customer Question

A letting agent has shown us a 2 bed room flat to rent, for my partner our 2 boys an myself ,they have taken 500 as a fee for ref, which all came back fine ,the landlady has given the go ahead,we had given notice to the landlord for the flat we are living in for the 22 Aug 2013,but now the landlady has said because of my partners visa has not yet come that we can no longer have the flat, we were asked to bring everything that was asked of us since we seen the flat which we did but she has decided that the day before moving into the flat that she no longer wants us to move in what can be done.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Have you signed a contract please?

Was it subject to the visa?
Customer: replied 3 years ago.

we have not signed the contract as it was getting delayed by the agents as the previous tenant moved out on 16th. Visa was never asked by the agents or landlord ever. they asked us to provide ID s i.e. driver s licence , bank statements payslips P60. and we have provided all that.


they have conducted tenancy checks which includes employment checks and our current landlord.


Visa application acknowledgement letter was provided to the agent which was previously been accepted by his work.

Expert:  Jo C. replied 3 years ago.

Was it agreed verbally that she would let to you?
Customer: replied 3 years ago.



Expert:  Jo C. replied 3 years ago.

You could try to rely on that. I suppose that they will either deny it or say that it was conditional upon receipt of the visa. That is always very difficult to address as proving what was said or not said is hard to do.

Nevertheless, you cannot force her to let you move in. All you can do is sue for any loss you sustain. In fairness, they have given you very little notice of this so if you have to stay elsewhere at a more expensive rate you may have a claim for the difference.

Also, I have to say that £500 just to check your references seems rather high and you might want to consider a claim for some of that.

Ultimately though you cannot force her to let you move in I'm afraid but thats nothing to do with the visa issue. That is just that its very difficult to force specific performance upon any contract unless its literally unique.

Can I clarify anything for you?


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