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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5439
Experience:  Solicitor
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On 1st Nov a friend entered into a tenancy agreement through

Customer Question

On 1st Nov a friend entered into a tenancy agreement through a property agency, with the lease commencing on 14th Nov. The agreement was executed and signed by both parties. All monies due (admin, agency and other fees, plus the first rent payment) were paid. On 3rd Nov the agency notified my friend that there has been a mistake and the property won’t be available on the agreed date of 14th Nov. They offered to sign a new agreeement reflecting the revised moving-in date of 20th Nov, or to cancel the existing agreement and refund all monies paid. The agency did not provide a clear reason, instead referring to an “error”. They also shared that they had tried to motivate the current tenant to move out by 14th Nov but failed to do so. They declined my friend’s request to proceed with changing the agreement to 20th Nov on the condition of offering me to cover alternative accommodation for the one week gap or on the condition of compensating him accordingly. My friend is keen on the property but wants to understand whether he has the right to be compensated for the week’s gap before agreeing to change the agreement.
Submitted: 17 days ago.
Category: Property Law
Expert:  Jamie-Law replied 17 days ago.

hello my name is ***** ***** I will help you with this.

How much are you seeking to claim?

Customer: replied 17 days ago.
Hi Jamie. Whatever is appropriate from a legal perspective without sabotaging the deal, so somewhere in the region of £700, which would be the cost of a short-term let in London to bridge the one week gap.
Customer: replied 17 days ago.
Plus the cost of storage for the week, ie the cost of inconvenience of moving two apartments in a week.
Expert:  Jamie-Law replied 17 days ago.

You need to write and set out your losses and request a payment within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Expert:  Jamie-Law replied 14 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! Thank you.