Verbal contract on flat?

X-Posted to UKRM

On Tuesady I went to view a property in Ealing, West London.

It was the property of a housing association and I had a really good
feeling about the place when I got there and looked round; The property
was rather compact but the area more than made up for this. I wanted it
and I wanted to move in as soon as possible.

Now, when I got a letter from the landlord inviting me to look round, it
said on the letter that I was second on the list. I understood this as
being that if the first person didn't want it / didn't turn up to view,
I'd be offered the place.

When I got to the location, there was someone there who said they could
show me round but I had to be aware that someone else was viewing that
day and I might not get the place if they wanted to accept it first.
This is how I understood it would work and was happy to go ahead and
view anyway.

Later on that day, the person who showed me round phoned up and said the
other person hadn't shown up and as a result, he could offer there
property to me. I accepted. He said ok and that he'd forward the papers
to the relevant departments. I have since then started making plans and
arrangements to move.

I have just received a phone call from the Ealing landlord's housing
officer that I haven't got the property because it has been offered and
accepted by the first person.

A short conversation followed about how I'd already accepted and was
making plans to move there myself. She said I couldn't move there as I
was second on the list.

Can she do this? Is my contract not with the person who showed me round
and then phoned me and accepted my offer? There were a lot of excuses
about it not being on the system but no explanation as to why I would
now have to back down out of something that I was obligated to feel was
mine.

I want to know my legal situation here. Do I have any redress, any
comeback? I had my heart set on the place and to receive this phone call
and then be told it isn't mine has caused me a lot of distress.

 

I am not a lawyer, and may well be wrong, but:

This is social housing, and who gets it is decided on the basis of need,
(derived from a point scoring system usually).

It may well be the case that the person first on the list was unavailable
for a reasonable reason. SO from that point of view, it may well be
reasonable for the social landlord to handle it's obligations this way.

On the contract issue, a tenancy does not have to be in writing, once it is
established. (Old rule of estoppel as it applies to property). However, I
have seen it argued that an agreement to give a tenancy confers an interest
in land, and as such has to be in writing signed by both parties to be
valid. I can see some force in the argument that such an agreement does
confer an interest in land, but that does not mean it can't be beaten.

See the Law of Property (Miscellaneous Provisions) Act 1989 section 2:
http://www.hmso.gov.uk/acts/acts1989/Ukpga_19890034_en_2.htm#mdiv2

I am not a lawyer.

I can appreciate your disappointment.

Kind regards

 

"Whinging Courier" > wrote (snipped)

The law has nothing to offer you. Disappointment can be hard to take, but
there it is. Get on with looking for another flat, and look forward to the
Spring.

 

Why?

 

In uk.rec.motorcycles, Bystander said:

Cheers. I've calmed down now and realise I haven't signed any thing and
getting depressed about it won't help anyone. I also realise I'm not the
first, only or last person this will happen to.

Thanks.

 

"Whinging Courier" wrote (snip)

Good luck. And mind how you go on that motorbike - I mean that.

 

In uk.rec.motorcycles, Paul C. Dickie said:

Because they're usually the fount of all knowledge.

 

It's been a while since I studied law, but my recollection is that property
is unique in that a contract MUST be in writing. A verbal contract is, quite
literally, not worth the paper that it's written on. This is why the boards
put up by lying sponging bastards (or Estate Agents, as some people refer to
them) always say "Sold, Subject to contract" The bottom line is that there
is no redress until the contract is written and signed.

BTW, I commend you on your choice of Ealing.

HTH

 

A crosspost to ukl without Stan showing up.
Amazing.

--

Dave

GS 850 x2 / SE 6a
SbS#6 DIAABTCOD#16 APOSTLE#6 FUB#3
FUB KotL OSOS#12? UKRMMA#19 COSOC#10

 

In uk.rec.motorcycles, Grimly Curmudgeon said:

I noticed that as well.