Can he do this?

[Smithysgirl2010]

I was due to move into a property the Sunday before last. When I viewed the property, they were set on my moving in ASAP, so I brought it forward as much as I could, which was four weeks notice for both my present accommodation, and my job. They told me that they wanted a Month's Deposit, plus a Month's rent, and an Agent would draw up theTenancy Agreement.

This was a relocation from one town to another, in another County. I was trying to get back home as my mother's not as young as she was and her health is going into decline. I had been in touch with a local employer, and there was a possibility of a job, but I did explain to them that this was NOT a guarantee, but as I'm a divorced working mother with a student son, if there was any kind of delay, then I would be covered by DSS until I could find something else. If this happened, then it would be arranged that the rent would go directly to the landlord's account from the DSS. I haven't actually 'signed on' as unemployed for over 20 years, have always found work, and have a good work record and excellent job references.

I handed in my notices on the Monday morning, with both work and home. On the Tuesday night, I received an email - the landlord had got 'cold feet' because of the DSS aspect. (I so wish that I'd pulled out then.) But Wednesday afternoon, I received another text, 'start packing'. So, we continued. The following week, I had a phone call from the prospective employer. I'd passed both interview and assessment, but Human Resources had made a boo-boo and another employee had requested a transfer to that particular branch prior to my application, but marked him down for the wrong town. He'd gone ballistic when he saw a newer transferree being placed ahead of his request, quite rightly. This being the case, this transfer was off, but am on a list. So, it's a case of looking for alternative employment. The landlord's mother asked me about this, and I told her the truth about what had happened, and at that point, nothing more was said. They were being paid up front in cash, and with my family nearby, if there had been any delays with the rent, it would have been covered.

On the Saturday, we had a panic about the Tenancy Agreements from them, they were wrong, they didn't like the wording, were getting one drawn up by a solicitor and would I sign that, instead? And although I'd been quite clearly told at the onset it was a Month's Deposit, was then told that the Agent had made an error, and it was a month and half, instead. Fine, let's just get this done, was how I felt at that point. We had just over a week to go at that point. I'm packed, my job has been advertised and filled, my landlord is aware that am leaving, we make arrangements to hand this flat back. The redirection is set in place, etc.

On the Wednesday morning, I get a text from the Agent - please call. He's changed his mind again - two days before we're due to do the handover, and move in. My son is set for his college interview the following Wednesday, the phone's due to be installed on the Tuesday, have interviews with employment agencies and the DSS on the Monday, etc. He wouldn't talk with me, or the Agent. He's gone through his mother the entire time, and is blaming her. One of my mother's health problems is Angina, so I had to call my brother and ask him to go and see her, explain what had happened, there was no way she could be told this over the phone. She also had medical appointments that I was scheduled to attend with her the following week, so we still had to go down home while I was running around like a headless chicken, trying to get everything reorganised. It's been a nightmare. Is there any way I can do something about this person, because I'd hate to think of him doing the same to someone else? It was too late to retract my job notice, but my landlord agreed for me to stay on a week by week basis while I get this all sorted out, so that was very lucky.

[Melboy]

It does appear you have been treated quite badly.

Unfortunately if no cash has passed between you and the landlord as a deposit or a signed contract of intent then there is little you can do about it. Verbal agreements although are supposed to carry some weight would probably fail if you went down the legal route and anyway the cost of doing this would be prohibitive.

My Niece was faced with the same problem you had just 3 months ago but after legal intervention she managed to get her LA charges back and the deposit. She was lucky.

Mel.

[Smithysgirl2010]

It does appear you have been treated quite badly.

Unfortunately if no cash has passed between you and the landlord as a deposit or a signed contract of intent then there is little you can do about it. Verbal agreements although are supposed to carry some weight would probably fail if you went down the legal route and anyway the cost of doing this would be prohibitive.

My Niece was faced with the same problem you had just 3 months ago but after legal intervention she managed to get her LA charges back and the deposit. She was lucky.

Mel.

Thank you for responding to my post so quickly. I'm so sorry to hear that your niece suffered the same experience, and am relieved to hear that she at least got her deposit back. I do hope that she's found somewhere nice, tto make up for all trouble.

[Irina]

Quite amazing that is. We had it other way round. We instructed the agent to find a tenant for us, never heard from them for more than a month, and eventually found a tenant ourselves. Then, out of the blue, a call from the agent, informing us that tomorrow the tenant they found, is moving in. It was the first time he contacted us, we never met the tenant or even knew who he/she was. Then, when we disagreed with such approach, the agent said that he would send a withdrawal fee and the next day we received letter from them with demand to pay half a monthly rent for refusing their client. No wonder, we refused to do it and contacted our solicitor. The agent didn't have a leg to stand on in legal respect and just tried it on. Needless to say that we never used them again. So, it happens both ways, if it's any consolation.

But, yes, unfortunately, if Tenancy Agreement has not been signed, there's nothing you fall on. That's why next time push for signing tenancy agreement and only then make arrangements. Verbal agreement counts to nothing. We had so many people viewing, who were very enthusistic and promised that they were taking the flat, to only disappear later on. You may be a man of your word but not everyone is.