Where do I stand?

Cheetah Designs

Cheetah Designs

Cheetah Designs

Associate
Joined
10 Jul 2006
Posts
2,423
I am in a massive pickle here and in I will name and shame as well once it is sorted.

I have signed a tenancy agreement with an agency and moved in today. I paid my deposit, agency fees and first months rent.

Whilst I was moving another agency turned up to try and move their client in producing a contract. There is a lot of arguments, the police were called and now all the agencies have left.

I am stuck in the room with the landlord and the other tenant. The landlord says she never signed an agreement with my agency. My agency are yet to provide a hard copy of my tenancy agreement and I don't have one on me either.

What do I do?
 
get the money back in full and find a new place to live.

Wrap up well cos its cold out there tonight too.
 
My Daddy answer to my kids would be to come home (if possible) and get it sorted on Monday.
This is because the other tenant is sitting there with a contract so at this moment you lose.
 
Cheetah Designs said:
My agency will not refund my money I have already asked!

My agency have my money!
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I would suggest CAB before you lawyer up. Have you read the documentation provided ? Clearly they have not met their part of any agreement.

I would also ask the landlord if he knows of 'your' agency as this could assist in you proving your case for fraud.
 
Cheetah Designs said:
I do have some documentation.
Click to expand...

But how clear is it that you have parted with x amount for the property you are trying to get into?

I can only empathise with the mess you're in and the amount of gear you have with you.
Can it be taken back from where you came because at this moment you have the poorer case for the property.
Can you ring the agents now or have they taken the phone off the hook?
 
Do you have family close by you can stay with? If not you need to find a hotel...it sounds like you aren't going to win this in the short term.

A bad situation to be in. :(

What's your immediate concern? Getting your money back or having somewhere to sleep tonight? From your OP it sounds like you are all stood in a room looking at each other and now you are busy tapping away on your phone...what's your plan for right now?
 
There was the same scam on the news a few weeks ago.
People paying the deposit but finding the flat,house padlocked up.
And few other people turning up on the same day to move in.
 
Your agency should have some signed terms and conditions allowing them to sign the tenancy on behalf of the landlord. If they have no terms and conditions signed, then they had no right to create the contract on the landlords behalf. Whatever happens, you have done nothing wrong and should not be out of pocket.
It sounds like one of the agencies has had a communication breakdown between them and the landlord in the period between taking the holding deposit and you moving in.
Your agency would have had to have spoken with the landlord when you initially put down the holding deposit to agree the terns of your lease ie. when you would move in and how long for etc.
Is your landlord saying that the agency has had no contact with him at all to agree terms? If that's the case, then either he is lying and the agency will be able to show proof of agreeing the deal with the landlord or the agency is incompetent and has signed a contract between you and them for the property which they had no legal right to do so.
Either way, it's a very bad situation and it's not your fault.
 
Sounds like a right mess - if you got that far along the line did they (the agency) provide you with keys to the property?
 
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