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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I Just signed a contract with a propert agent, when i had paid

Customer Question

I Just signed a contract with a propert agent, when i had paid my deposit and one months rent, i then went to do the itemised checking process where we invontoried the whole flat, i noticed that the toilet was not where the silicon they had used to seal it to the tiles was there was a white ring about an inch from the toilet itself, so i went to the toilet and moved it back in place, I asked the letting agent who was there with me when will this be fixed its wobbling and it moves, i weigh 23 1.2 stone this toilet will break its not even attached to the wall. she called maintenance who then decided to call the land lord who then told the letting agent that he had lived there previously and htere was nothing wrong with the toilet. I was then on the phone to the letting agent manager who asked me how bad the toilet is so i went back to the toilet to find it was already starting to leak. The manager came on site to assess the leak, i went outside to calm down.
When he came back to the car he said "lets face ti you dont want to live here anyway" i replied "yes i do its near xmas and i need a place to stay that toilet needs to be fixed before i move in" i said i was going away while they fix it. When i get home i recieved a phone call saying the contract was terminated and all my money will be refunded and the landlord does not want me staying.
I am now 3 days from xmas no where to live and now my money wont be returned until 3-5 working days Can they do this to me??
I signed everything, but the inventory and refused to receive the keys till the toilet was fixed.
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did the landlord sign the contract?
Customer: replied 11 months ago.
I have a fully signed contract in my hand right now, the only thing that isn't signed is the inventory checklist because I refused to sign it and receive the keys till the toilet was fixed
Expert:  Jo C. replied 11 months ago.
Ok.
Did the landlord sign?
Customer: replied 11 months ago.
The letting agent signed on the landlords behalf
Expert:  Jo C. replied 11 months ago.
Are they entitled to do that? Is the contract with them or the landlord?
Customer: replied 11 months ago.
yes they are entitled its a tenancy agreement with the letting agent who lets it out for the landlord
Expert:  Jo C. replied 11 months ago.
They would seem to be bound then. It would be different if you hadn't signed the agreement as they could have withdraw their offer if you had not. Unless the contract is dependent upon the inventory report there is a signed contract on both sides. However, whatever the landlord should be doing, the fact remains that he is refusing to let you live there. You do have a claim against him for a refund but then he is processing that anyway. If you seek an injunction to try to force them to let you move in on the basis of the signed contract then you run the risk that you might lose because you were effectively saying you were not moving in until various work was done and the position of the landlord seems to be that he is not prepared to do it. The only other alternative action that is possible at least in academic law is to try to recover from the landlord if you have to live elsewhere at higher cost but that is quite hard to do. Sorry as I realise that is bad news but I can only give you truthful information. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
Wow so simply because the toilet was broken I waited 1 week to move in and because I said I want that fixed before I move in properly bere in mind its the only toilet in the apartment. I got cancelled just like that and there is absolutely nothing I can do no grievance or sue there backsides because they are leaving me homeless over Xmas. I have no legal ability what so ever?
Expert:  Jo C. replied 11 months ago.
No, because you refused to move in they could argue the contract was void.
Therefore, they can withdraw the offer.
If you were saying you would not move in until it was done and their position is they are not wiling to do it, and anyway cannot be Christmas now, then the contract is rather redundant.
You have a right to your money back.

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