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Agreed Lease taken away from us

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  • 23-08-2012 6:22pm
    #1
    GymTanLaundry
    Registered Users Posts: 26 ✭


    Okay, here's our situation.

    We are group of 5 graduates moving to Dublin for work and needed to get a house. We got in touch with an estate who organised a viewing for us with the landlord to see if we liked it. Fortunately we liked it and informed the estate agent about this. He said that was okay from the landlord and that we just needed references from previous landlords to seal the deal.

    Unfortunately this morning we received a call from estate agent that the landlord had decided to let the property on his own accord and has picked different tenants. This has left us in the dark with the estate agent being very apologetic on the matter, and that it was the landlord that let us down.

    Is it legally allowed to happen even though we had an agreement ( not formal ) for the property?? Any help would be appreciated!!


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  • Options
    #2
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    Is it worth your while to sue him?


  • Options
    #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    GymTanLaundry wrote: »
    Okay, here's our situation.

    We are group of 5 graduates moving to Dublin for work and needed to get a house. We got in touch with an estate who organised a viewing for us with the landlord to see if we liked it. Fortunately we liked it and informed the estate agent about this. He said that was okay from the landlord and that we just needed references from previous landlords to seal the deal.

    Unfortunately this morning we received a call from estate agent that the landlord had decided to let the property on his own accord and has picked different tenants. This has left us in the dark with the estate agent being very apologetic on the matter, and that it was the landlord that let us down.

    Is it legally allowed to happen even though we had an agreement ( not formal ) for the property?? Any help would be appreciated!!

    Basic contract law - had you provided any consideration for the promise of providing you the property? E.g. any payment? If not you don't have a contract.

    Disclaimer: I'm only here as an example as to why you shouldn't get legal advice off the internet - I'm usually wrong.


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    #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Procrastastudy wrote: »
    Basic contract law - had you provided any consideration for the promise of providing you the property? E.g. any payment? If not you don't have a contract.

    Disclaimer: I'm only here as an example as to why you shouldn't get legal advice off the internet - I'm usually wrong.

    You are wrong. The Statute of frauds Ireland Act 1695 would require the lessee to have a written agreement. Payment of a deposit alone is not sufficient. The lease was subject to references so there was no way there was any concluded oral agreement. There is much case law on this area. It is just tough luck for the o/p.


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    #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Milk & Honey wrote: »
    You are wrong. The Statute of frauds Ireland Act 1695 would require the lessee to have a written agreement. Payment of a deposit alone is not sufficient. The lease was subject to references so there was no way there was any concluded oral agreement. There is much case law on this area. It is just tough luck for the o/p.

    Much obliged M&H.


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