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whalewatcher

Tenancy Agreement Start Dates

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We've just had a move to a new rental property blow up in our faces.

We paid good money to have our stunning credit status and good characters examined by the new letting agent. We didn't want to pay for two properties for a whole month, so we gave a month's notice at our current place, and agreed to begin the new tenancy three weeks later, giving us a week's overlap to move across.

However, the new landlord decided, the day before we were to sign the agreement, to let a friend of his have it instead. So there we were, sunk, having to cancel the removals van etc. Fortunately our current landlord hadn't found anyone yet, so we could withdraw our termination.

It seems to be the way it's done in the UK - you start paying from the day you sign the tenancy agreement. If you have to give notice the only way to eliminate the risk of being homeless is to pay two rents for your notice period.

So why can't a prospective tenant sign a contract to take a property from a certain date in the future? Would it not still be a contract?

Edited by whalewatcher

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We've just had a move to a new rental property blow up in our faces.

We paid good money to have our stunning credit status and good characters examined by the new letting agent. We didn't want to pay for two properties for a whole month, so we gave a month's notice at our current place, and agreed to begin the new tenancy three weeks later, giving us a week's overlap to move across.

However, the new landlord decided, the day before we were to sign the agreement, to let a friend of his have it instead. So there we were, sunk, having to cancel the removals van etc. Fortunately our current landlord hadn't found anyone yet, so we could withdraw our termination.

It seems to be the way it's done in the UK - you start paying from the day you sign the tenancy agreement. If you have to give notice the only way to eliminate the risk of being homeless is to pay two rents for your notice period.

So why can't a prospective tenant sign a contract to take a property from a certain date in the future? Would it not still be a contract?

You can, they just don't have to accept that and run the risk of a void.

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You can, they just don't have to accept that and run the risk of a void.

But if the contract was already signed, and the tenant tried to back out, could the landlord not make a claim against them? Wouldn't that cover the risk of the void?

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We've just had a move to a new rental property blow up in our faces.

We paid good money to have our stunning credit status and good characters examined by the new letting agent. We didn't want to pay for two properties for a whole month, so we gave a month's notice at our current place, and agreed to begin the new tenancy three weeks later, giving us a week's overlap to move across.

However, the new landlord decided, the day before we were to sign the agreement, to let a friend of his have it instead. So there we were, sunk, having to cancel the removals van etc. Fortunately our current landlord hadn't found anyone yet, so we could withdraw our termination.

It seems to be the way it's done in the UK - you start paying from the day you sign the tenancy agreement. If you have to give notice the only way to eliminate the risk of being homeless is to pay two rents for your notice period.

So why can't a prospective tenant sign a contract to take a property from a certain date in the future? Would it not still be a contract?

You can, but the LL has to agree.

Most wont.

tim

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Have you asked the letting agent what he is going to do about compensating you. I should imagine he's quite annoyed by the landlord reneging on the tenancy you had agreed, he will be losing out as well. He may be able to persuade the landlord to compensate you.

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But if the contract was already signed, and the tenant tried to back out, could the landlord not make a claim against them? Wouldn't that cover the risk of the void?

If the contract is already signed then the LL cannot backout either. My original post made little sense for lack of punctuation.

You can, but the LL doesn't have to agree to that and can wait for someone else will go for it on the day but also run the risk of a void.

You could have signed an agreement to commence in 3 weeks, the LL I presume chose not to go with that as he was keeping his oprions open for some mug who would offer to pay a greater rental, which appears to have happened. When he didn't want to sign an agreement to commence in the future I'd have given him the option of doing so or we would lose interest. The he runs the risk of a void.

As it was you agreed to sign in the future, he got to hope for a better offer in the knowledge that he had you to fall back on if one wasn't forthcoming. Negotiations n all-keep the oposition on the back foot.

Edited by zebbedee

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I have never give notice on any rental property until I have signed the agreement on the new property. Many landlords will sign for a month in advance. Frankly, if they won't then you can be sure they are just messing you about.

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You should be able to have your agency application fee returned.

The letting agent must have the property available for you. Due to the property not being available and they have accepted your money to apply for that property, then you should be entitled to have a refund.

If not, then they are a poor letting agent that are only interested in money.

Make sure your application fees are refundable for something that is not your fault.

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You should be able to have your agency application fee returned.

The letting agent must have the property available for you. Due to the property not being available and they have accepted your money to apply for that property, then you should be entitled to have a refund.

If not, then they are a poor letting agent that are only interested in money.

Make sure your application fees are refundable for something that is not your fault.

Would that not ultimately be a matter for the small-claims court if the agent was not forthcoming?

What bothers me a lot more is the scenario where the tenant gets jilted but at the same time loses the old place, because the landlord has (perfectly reasonably) taken the notice at face value and made other plans. Expensive as well as bothersome.

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I always set the start date for the new tenancy in the future, usually as least 2 weeks. Never had a problem. I just tell them that's what I'm doing, due to notice on the current place. They either wait the time i specify or put it back on the market, meaning they'll be waiting an unpredictable amount of time instead. A bird in the hand is worth two in the bush. You're the customer, tell them what you want. Plenty more properties out there if they mess you about.

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  • 312 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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