Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Can you confirm whether or not he signed any contract please?
I thought he had as I was asked to sign mine albeit on-line giving the Agents my permission to sign on my behalf. Apparently normal procedure they said. When I questionned the fact he pulled out they said he had not signed the agreement, that he only had to sign it once he took tenancy of the property.
Alex Watts : Its bad news I am afriad.
Alex Watts : If he did not sign the contract the potential tenant can pull out at any time.
Alex Watts : Until the contract is signed by both parties then either party can pull out.
Alex Watts : You can keep the deposit but you can't sue him for breach of contract.
Alex Watts : There is no contract that has been signed and therefore no breach.
Alex Watts : However you are exempt from council tax if the property is unfurnished and empty for up to 6 months.
Alex Watts : i am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
The non-refundable deposit is being kept by the Agent ...... going forward I will ask that the Contract is signed in advance of taking tenancy. The Agent is very aware of how cross I am at allowing this chap to basically jump the queue. A lesson learnt.
Alex Watts : Normally a contract is signed in advance, I was surprised when you said it was not,
Alex Watts : Can I clarify anything else?
I was surprised also. I have actually written to the person in question (a company director on a very substantial salary), it was polite but to the point. Hopefully he will have a prick of conscience.
Alex Watts : Yes. Unless I can help further please remember to leave feedback before you go today.