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LOI Annex not executed, affecting move in conditions

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Miss Mustard
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LOI Annex not executed, affecting move in conditions

Postby Miss Mustard » Sun, 04 Nov 2018 11:20 pm

Hi there.
I've listed out a bunch of things to be done up before moving in.
TA is signed and move in date is this weekend.
Lease is 2 years.
Early termination is 12 + 2.

Seems like LL is reluctant to complete all of the things mentioned in the LOI upon handover and blamed it on misleading information exchanged.

Has anyone encountered a scenario where tenant is backing out before the TA commences? Or would we lose our deposit as tenants? We are happy to go to Small Claims Tribunal.

Appreciate if someone can enlighten us.

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Strong Eagle
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Re: LOI Annex not executed, affecting move in conditions

Postby Strong Eagle » Mon, 05 Nov 2018 3:27 am

The LOI is a useless, meaningless document. The only thing that matters is the TA. Your only recourse is to threaten with SCT, and then do it if LL refuses to cooperate. If the LL has signed an LOI, then it may help your SCT case.

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x9200
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Re: LOI Annex not executed, affecting move in conditions

Postby x9200 » Mon, 05 Nov 2018 9:12 am

Miss Mustard wrote:Hi there.
I've listed out a bunch of things to be done up before moving in.
TA is signed and move in date is this weekend.
Lease is 2 years.
Early termination is 12 + 2.

Seems like LL is reluctant to complete all of the things mentioned in the LOI upon handover and blamed it on misleading information exchanged.

Has anyone encountered a scenario where tenant is backing out before the TA commences? Or would we lose our deposit as tenants? We are happy to go to Small Claims Tribunal.

Appreciate if someone can enlighten us.

LOI normally has no binding power. It is like a list of agreed points to be later included to the TA. If these points were, for whatever reason, not included in the TA you may have hard time to have them executed.
Bluffing to sue in SCT may be your only option.
Another possible route - if agents were involved as men in the middle and the miscommunication is to be blamed, ask the agents to solve up this mess.

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x9200
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Re: LOI Annex not executed, affecting move in conditions

Postby x9200 » Tue, 06 Nov 2018 12:42 pm

Miss M, I got your PM, but for the benefit of other people with similar problems in future, please respond within this thread.

If as you wrote, the list is a part (annex) to your TA, and it is clear that this belongs to TA then the LL is legally obliged to fix the listed issues.

You can enforce it in SCT and I believe this may be either by requesting to lower the rent or to hire someone to fix the issues and later have the court to rule this money to be deducted from your rent.
I would make the LL aware that you are going to do it and this may include the costs of your temporary accommodation (If painting the place was one on the list).

I understand that the only agent involved is the LL's agent. In this case the miscommunication is the LL's problem alone and you may suggest the LL to recover the costs of this miscommunication from his agent.

Miss Mustard
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Re: LOI Annex not executed, affecting move in conditions

Postby Miss Mustard » Wed, 14 Nov 2018 12:28 am

Hi x9200,
Sorry for the late reply.
We got lucky. Landlord is now abiding to the terms outlined in the annex.

Thank you!

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Re: LOI Annex not executed, affecting move in conditions

Postby Miss Mustard » Wed, 14 Nov 2018 12:29 am

Thank you both!


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