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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 2078
Experience:  Owner at James Bruce Solicitors
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I hope this finds you well. My lease agreement has been

Customer Question

Hello. I hope this finds you well.
My lease agreement has been signed from me and the landlord. I transferred the requested 6-months upfront payment as per the agreement and I have confirmation that it’s received by the real-estate agency. However today, 4 days prior to the moving-in date, the agency representative called me informing that the landlord received an offer for my apartment and has sold it and that my lease is no longer valid. All my travel arrangements have been set according to the signee agreement as I'm an international post-graduate student and now I'm finding myself in an uncertain situation.The agency representative in her sudden call told me that in the U.K. technically the lease is not fully binding if the tenant hasn’t moved-in yet and that the landlord can legally do such a thing 😊Can this be legally the case?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 11 days ago.
Category: Property Law
Expert:  james bruce replied 11 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

That is not correct, once both parties have signed the agreement , then a legally binding contract has been created. You do not have to have moved in.

Tenancies agreed in advance are binding whether you move in or not.

This includes tenancy agreements signed in person, by post or online.

There is no ‘cooling off’ period for tenancies.

You can sue the landlord for breach of contract.

If you really want to go for maximum impact, you could apply to the court for an emergency injunction stopping the landlord doing what they are to to allow you to move in. Whether the court would enforce this as he is allegedly selling the property would be up to the court.

Expert:  james bruce replied 8 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 8 days ago.
Thank you so much! Can I hire you to represent me in this matter?
Expert:  james bruce replied 8 days ago.

very sorry, I am not available to hire.

I would guide you the the law society website. On there you will be able to select fine a Solicitor, choose housing law and enter your postcode. That will then display a list of local firms that you could contact to see if any can assist in your case.

If I can assist in any other way please come back to me.