Can I get reimbursement of costs incurred as result of tenant not moving out?

by Readers Question

8:32 AM, 25th May 2017
About 3 years ago

Can I get reimbursement of costs incurred as result of tenant not moving out?

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Can I get reimbursement of costs incurred as result of tenant not moving out?

In early May, we signed a one-year assured shorthold tenancy agreement due to start on Tues 9 May. We received a phone call from the agent on the afternoon of Thurs 4 May advising us that the current tenant had refused to move out of the property and therefore our tenancy would not be able to proceed.

– Both parties had signed the tenancy agreement.
– 8 months rent had been paid in advance to the agent and the equivalent of 2 months rent had been paid to the landlord as a deposit and had already been paid into TDS (and has yet to be repaid to us).

As a result of the failed tenancy contract, we have incurred some cash costs which we have asked the landlord to reimburse:

1. As we were unable to move into he property, we had no choice but to place our belongings into storage until we are able to move into an alternative property. Our move in date will be Saturday 8 July (on the basis we are able to secure a suitable alternative property), the day after we return to the UK from Dubai where we currently reside. We have moved our belongings down from the Midlands to the local area and have rented a storage unit from Saturday 20 May until Saturday 8 July which is a period of 7 weeks. The total cost of this storage is £55.50 per week (£388.50 in total).

2. We will also incur an additional tranche of removal costs because as well as moving our belongings down to Surrey from the Midlands to place into storage, we will now have to make an extra move to move our belongings from the local storage unit to our new property on 8 July. I have received a couple of quotes and these are coming out at approx £200.

3. Finally, on Weds 3 May, I had organised house contents insurance with Direct Line for 8 Oakdale Road prior to being notified us of the issue with the property, to start from 9 May. I was able to cancel this within the 14-day cooling off period but I have been charged cancellation costs of £36.30.

In total, we have requested a payment of £625 from the landlord so we are not out of pocket. The landlord has refused to pay these costs and I would like some clarity on our legal position. Is the landlord liable to us for breach of contract?

Many thanks for your advice,

Laura



Comments

Roanch 21

20:29 PM, 19th June 2017
About 3 years ago

Reply to the comment left by "Ian Cognito" at "01/06/2017 - 15:51":

Yes and yes

It's the whole point of them giving you notice so it allows you to do this. I generally check the new tenant in 1 hour after I check out the old tenant. One visit to property for me. I explain this to outgoing tenant often with the prospective tenant there as well so everyone knows the flat will be vacant at agreed time and in a condition to be moved into ie clean.

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