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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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We are in the process of moving from a Hotel to a rental property,

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We are in the process of moving from a Hotel to a rental property, my wife lives in the Hotel, and I work in Geneva and live in France.
We have paid our deposit and were told we could move in last Saturday.
We made our plans only to be told on the Friday that this was delayed until Monday.
As I work in Geneva, we agreed to move in this Thursday, and I took the day off, to be there to sign the rental agreement, which we have not seen by the way, despite having asked for it.
We arrived at the property on the Thursday, only to be told that there had been another delay and we should be able to move next Thursday.
This has caused a lot of direct and indirect costs, and the questions are:
1 is there a case for the Estate Agents to answer as they have a duty of care toward us and
2 What can be done about this?
My email address is***@******.***
Jim Humphrey
1. Dear *****, Yes, there is a case for the estate agents to answer here, whether on their own account or on behalf of the owner of the property. Essentially, if a representation is made, such as "you can move in on Thursday" and you rely to your detriment upon this representation - such as by moving all your stuff and leaving your existing premises - and it causes you loss, then you can sue for monetary compensation for the loss caused. Accordingly, here, as you have been twice discommoded about moving into the new flat, you can sue the estate agents and the owner about the fact your move fell through.
2. However, I would advise you to first move into the actual premises if this is what you want. Threatening to sue the estate agents and owner at this stage will mean the deal might fall through, as you haven't signed the actual lease agreement yet. Instead, wait until you have actually moved in before you sue or threaten to sue. Be aware additionally, that being able to sue successfully is not dependent upon having a written signed concluded lease agreement. So long as the representation was made and you relied on it to your detriment, then you can sue successfully. So, decide if you want to go ahead with the deal and then plan accordingly.
3. Be aware that you can still sue for the loss if you pull out of the deal. However, I would advise you to keep a record of your expenses incurred if you want to adopt this course.
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Customer: replied 2 years ago.
Many thanks for this, clear and concise.Please let me know if we can claim for:The difference in the cost of the Hotel, and daily cost of the new accommodation
The meals we have had to pay for, as we have no cooking facilities at the Hotel
My time, as I took a day off to fly back to the UK, I would normally fly back Thursday evening rather than Thursday morning
Any further time off, by way of explanation my wife has cancer for the 3rd time and is going through chemo, frankly, she can't cope with all the rearrangements we have had to make
Anything else?
5. You will be able to claim for the difference in the costs between the hotel and the rental accommodation, for your loss of one day's earnings, damages for loss of enjoyment of the new premises and for an element of the inability of being able to cook. However, you won't be able to claim for the actual day to day outgoings on meals. You will be taken to need to eat and do daily tasks.
Customer: replied 2 years ago.
Excellent no further questions, thank you.
6. Glad I could be of help.