Where do I stand?

Cheetah Designs said:
Think it's obvious that I need to be sueing someone to get my money back, don't know who to start with.....the whole thing is a bit fishy.

Anyone dealt with a no win no fee service they can recommend?
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What reason are they giving for not refunding you now that you don't have a flat and its been let to someone else... obviously the rent money isn't going to be paid to the landlord who now has another tenant and the deposit would be returned anyway?

What did the police say? How did you get access to the property to start moving your stuff in in the first place?

whole thread sounds fishy....

also why a no win no fee solicitor? Surely moneyclaim.gov.uk can handle this one?
 
Stayed at a mates last night. Police said it was a civil matter. When the agents were starting to get physical I called the police and the police got all the agents (from both sides to leave)

I have keys to the property, that's how I got access, but then again so did the other tenant.

I didn't know about moneyclaim.gov.uk, but I want all my money back anways
 
is the other tenant hot? if so move in :P

Hmm, You are in a sticky place, Tbh if the agency is legit then you should be able to sort it
 
OK, let's say you gave the agent £500 and they take a 20% commission then at the very least they can return £400 that belongs to the Landlord.
The agent or the Landlord can't keep that but you may have to fight over the rest.
 
If you have been provided no documentation with the Landlord's signature, then you have no form of legal agreement with your Landlord. Which means they have made a false representation in attempting to let the property.

It'd be worth reading the terms and conditions of the contract you signed nice and thoroughly as a starting point, before anything else. In any case, get some legal brain on your side and I'd say you stand a very good chance - unless of course your agent has been hoodwinked by someone else!
 
good to know you got through the night safe and warm...Never heard anything like this before. (god bless boxing stance)
 
Who cares about the contract. There are surely implied terms that they actually have the place to rent out in the first place ie trading standards, sale of goods act, regardless of what the contract states. The LL is obviously not privy to the agreement between you and the agency so it's between you and the agency to sort out.
 
The agency can create a legally binding tenancy agreement without the landlord signing the tenancy, as long as they have signed terms and conditions between them and the landlord that allows them to do so. It's actually quite rare to have a landlord sign the tenancy if they have instructed an agent.
In my mind I am thinking that either your landlady is a bit slap dash and has instructed more than one agent to let the property (which is not unusual) and has received offers from both agents and has failed for whatever reason to tell one of the agencies not to go ahead with the deal.
The other more likely scenario is that your agent have had some sort of breakdown in communication between them and the landlord and have just assumed that once the offer has been initially agreed that they have the green light to just go ahead and move you in on that date, probably using the set of keys that were provided to them for viewings when they were instructed.
But even that really don't make too much sense as the agents would have been in contact with the landlord during the referencing process to let them know how things were progressing, they would have had to have written to the landlord confirming the terms of the deal, they would also have had to get bank details to make payments into or to enable them to set up standing orders if they were not managing the property.
Also, has the property got gas in it? Has the agency obtained a gas certificate from the landlord, or did they have to speak the landlord to get instruction to carry one out?
There are quite a few reasons for the agency to be in contact with the landlord during the referencing process that it baffles me as to how this situation would arise if the agents had done their job.
On the other hand, people are people and your landlord might be a nutter and has got completely confused and forgotten they have agreed the two deals?
 
chid76 said:
The agency can create a legally binding tenancy agreement without the landlord signing the tenancy, as long as they have signed terms and conditions between them and the landlord that allows them to do so. It's actually quite rare to have a landlord sign the tenancy if they have instructed an agent.
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I understand this. Don't they have to have a copy with both my signature in pen and one of theirs.

Currently they only have a scanned copy I sent them.

Speaking with the LL, she has had nothing in relation to me, no references, etc...
 
Got to agency office, kick up a fuss, refuse to leave until you have your money back? After all, it's not like you have anywhere else to go now!

Edit: hang on - you said the agent's started getting physical?! Yours or the others?
 
Retrospect is a wonderful thing but you should never pay anything to an agent or LL until you have in your hands an original copy of a fully-executed contract, ie signed by all parties.

What documentation do you have? Part-signed contract? Receipts? Any letters?
 
DanielMMS said:
Retrospect is a wonderful thing but you should never pay anything to an agent or LL until you have in your hands an original copy of a fully-executed contract, ie signed by all parties.

What documentation do you have? Part-signed contract? Receipts? Any letters?
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How would I know it was a fully executed contract if the Agency can sign on behalf of the landlord?
 
the obvious first action should be go to the agent (or phone) that has your money, and try and have a nice civilised conversation along the lines of

"bit of a mess, but $%^& happens, do you have another property ready for me (that I like) or can I have the money back now since I need to find someone where to live today"

then kick off if they refuse to give the money back - I cannot see how or why they could keep anything unless its a scam...

if you kick off like an ass from the word go they are more likely to have you removed / refuse to deal with you and follow some slow complicated process as stated in the contract...
 
This isn't an admonishment in anyway and I hope you get it sorted, but I'm surprised that anyone would hand over money without obtaining contractual proof that they have the right to let the property.
 
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