Tenants' claim against landlord if former tenants fail to move out


Hi, I was supposed to move into a flat a few days ago. An hour before my appointment to collect my key, I was told I couldn't move in. The current tenants wanted an early release, so their agency found me to replace them. Turned out they changed their minds and didn't tell anybody, so have left me well and truly high and dry. What are my rights? can I take the tenants or the agency to court over this? Chel, Newcastle


Yes, so long as you have signed the tenancy agreement the landlords will be in breach of contract. You are entitled to be put in the position you would have been in had the contract gone ahead, so can recover any extra costs incurred by you in finding another place. (You won’t have any claim against the tenants unless possibly you had some sort of direct contact and promise form them).
However if you had not signed the tenancy agreement you may not have any claim - it will depend on what other paperwork was involved and the circumstances of your case. 5 August 2012



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