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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Mr./Mrs Thank you for your time. I

Resolved Question:

Dear Mr./Mrs
Thank you for your time.
I rented a property through a renowned real estate agent.The move in date was set for 7/6/2014.on 29/5/2014 when i asked landlord for her bank account to transfer rent+deposit she told me that she can't offer the house on 7/6/2014 as per contract signed on 21/5/2014.When i went to the agent next day i was surpassed to find the landlord there.She works as a letting negotiator in the same branch of that real estate company.
I sent e mails to agent asking about my move in date and staining that i was informed i will not be offered house as per contract.I received an email response from letting manager stating that we apologise but it is better to look for plan B and try to find another home.
He mention that they well refund my application fees.I didn't transfer rent+deposit as they were due on moving in date.
Do i have a case against landlord who works in the same real-estate agency?
Thank you.
Regards.
Dr.Mohamed
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

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 : Did you both sign the contract please?
Customer:

i signed and real setae agent signed on landlord behalf.

Alex Watts : In that case yes you have a claim for breach of contract against the landlord.
Alex Watts : They are in breach of contract.
Alex Watts : You can't claim the whole amount you would have paid, but if for example you were going to pay £500 a month and it would cost you £650 a month for the same property type elsewhere you can claim your agency fees and the £150 a month back.
Alex Watts : But yes you can issue claim.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation
Alex Watts : Can I clarify anything for you about this today please?
Customer:

even if contract states that the start date on 7/6/2014 and no notice period before breakage?

Alex Watts : Yes. The contract is signed. They are in breach of contract.
Alex Watts : If this answers your question might I invite you to rate my service. If the system won't let you please do say
Alex Watts : If you need more help please let me know.
Customer:

Thanks.Excellent service.

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