Contractual obligation

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M
Mo_287
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An agency found a tenant for me for my studio. The agreement was to run for 0ne year from 1st August and it was signed for by both parties; the tenant paying 6 months up front plus a deposit.
A couple of days prior to the commencement, a council owned flat above flooded my studio bringing down part of the ceiling and the estimate was for 4,000 whcich the council is liable for; but until their adjustors checked it out they were unable to give the go-ahead until today 4th August.
I offered to put the tenant into a local hotel until the flat was ready which she accepted. At this stage I had no date, the agency would not release any money to me saying that they had a duty of care to both parties and perhaps I should offer her to be released from the contract.
The agency said that she was unhappy with the hotel after a day and she wanted an upgrade which I agreed to but never heard anymore.
Yesterday I had an obscure letter from the tenants'solicitor' saying that I was in breach of the agreement and that she would be taking steps to recover her money unless I could give her a date; this I was able to do today after the council agreed stuff.
I have just received a mail from her saying that she is totally disgusted and wants all of her money back as she has found temporary accommodation and that it was unfair of me to report that on the internet there was not much choice [its true in W2]. And that I pay for the hotel anyway.
She never took possession of the keys even though yesterday 2nd August I informed her that the builder said the place was safe and dry to enter and habit. Even though works would be progressing.
What is right and proper here please? Mo
04/08/2011 00:00

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