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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33080
Experience:  Over 20 years experience
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Myself and my partner signed a shorthold tenancy agreement

Resolved Question:

myself and my partner signed a shorthold tenancy agreement 3 weeks ago, this was also signed by the landlords agent. The move in date is the 1st of October this is the date we were also going to be paying the deposit and 1 months rent in advance. We have previously paid a holding fee for the property. We were informed yesterday that the landlord can no longer rent the property as it is not allowed by his mortgage advisor, therefore we have nowhere to move into in the next 6 days. This has not been give to us in writing, the agent also has informed us that they have no responsibility as the tenancy agreement was not legally binding as no money had been exchanged. In the tenancy agreement it clearly states that once both parties have signed and its executed that the agreement is binding. Is the execution of the agreement only valid with money exchange? It also states under the landlords obligations that he is to have written consent from his mortgage advisor that he can enter into this agreement. Surely it is the estate agents job to ensure that this consent has been obtained prior to commencing the renting process, if they haven't is this a failure to follow procedure? We have not heard from any manager or received any formal written conformation of any of this. The agent we spoke with also let slip that she was aware of this situation for two weeks, does this fall under avoidable delays? I have started the complaints procedure by emailing the manager, they are part of a redress scheme so my next step was to contact them. I would like to know my rights in regards ***** ***** of this and who is responsible? We have been left in the situation of having nowhere to move into in the next 5 days, we have handed our notices in at work as we are moving from London to Newcastle, we have a certain date we have to move out of our current property and I am also 26 weeks pregnant.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
The execution is based on the agreement not the payment of the money. As such the landlord is in breach of contract and you can bring a claim against him for your losses. I would be minded to get a solicitor to write a formal letter to the landlord setting out the basis of your claim - these will be for your reasonable losses. Happy to discuss. Please rate positive.
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Customer: replied 2 years ago.

thank you so much for your response. Does the agent have no obligation? Is all the responsibility on the landlord? Do the agency mot have to house us in a suitable property?