New tenancy - old tenant still in

janey_uk

I have signed on a new property, paid my rent and deposit with an agency and due to move in next week. The current tenant has decided they aren't going to move out. I have sold my house and paid removals etc already. Where do I stand?

poppysarah

You got a signed tenancy agreement?

Ring shelter to find out exactly what your rights are - and exactly what to say to the agency...

PasturesNew

If the old tenant refuses to move out, then it will take time and a court order to make them....

If it were me I'd insist the agency finds me another/similar property - and damned quickly ... and I'd expect them to cover differences in the rent too for at least the first 6 months.

You've paid and an agreement exists, if you are renting and a property floods/burns down then the landlord has to rehouse you at his cost while the property is inhabitable .... and your new property is inhabitable, so by my fuzzy logic it's at their expense to sort out.

Good luck.

paintpot

The long and the short of it Janey is that you will have to find somewhere else to live as the current tenant cannot be forced out i.e. the proper legal process will have to be followed in order to remove them. Of course, the agent/landlord could try and negotiate with them to leave but that's not your problem.

You would be wise to find something else quickly. The current agent/landlord may be able to find you something else suitable. However you are not obliged to take what they offer as it needs to be right for you. They should refund all monies you have paid immediately including anything paid for credit checks etc if you need to go elsewhere to find a suitable property IMO. If they have something else suitable then the checks you have already gone through should be adequate.

If you have signed an AST then there may be an arguement for breach of contract although I have read different points of view on whether this is the case in your situation so take some legal advice on that.

Good luck. It's not a pleasant situation for you to be in.

anotherpaul_2

paintpot wrote: »

You would be wise to find something else quickly. The current agent/landlord may be able to find you something else suitable. However you are not obliged to take what they offer as it needs to be right for you. They should refund all monies you have paid immediately including anything paid for credit checks etc if you need to go elsewhere to find a suitable property IMO. If they have something else suitable then the checks you have already gone through should be adequate.

I'm not sure this is good advice - if the tenant did move out in time afterall, you could be stuck with two tenancy agreements to pay. Definitely take legal advice first (shelter as PoppySarah said). If you do end up going somewhere else, make sure the current agreement is null and void (in writting from the landlord) before you sign anything else.

I believe the landlord can get possession pretty quickly if they've served all the correct notices, but I have no actual experience of this.

anotherpaul_2

janey_uk wrote: »

I have signed on a new property, paid my rent and deposit with an agency and due to move in next week. The current tenant has decided they aren't going to move out. I have sold my house and paid removals etc already. Where do I stand?

Oh, do you have a copy of the agreement with the landlord's signature? Have they signed too (don't assume they have unless you see it).

paintpot

I'm not sure this is good advice - if the tenant did move out in time afterall, you could be stuck with two tenancy agreements to pay. Definitely take legal advice first (shelter as PoppySarah said). If you do end up going somewhere else, make sure the current agreement is null and void (in writting from the landlord) before you sign anything else.

I agree that if Janey has signed an AST then they could turn the tables on her if she doesn't move in if the current tenant does decide to move out. I would agree that Janey should back everything up in writing with the agent/landlord and obtain it in writing that if she has signed an AST that this is now void/cancelled. At the moment, we don't know when/how soon she is due to be moving in but from her post I would suspect speed is of the essence.

I believe the landlord can get possession pretty quickly if they've served all the correct notices, but I have no actual experience of this.

Unlikely. We don't know the circumstances surrounding the current tenant's departure (or not) but any landlord going through the eviction process i.e. has served a S21 or even a S8 would be as mad as a hatter to sign up a new tenant until they have gained possession as it can be a very lengthy process if the tenant decides to stay put until the bailiffs arrive.

50plusabit

janey_uk wrote: »

I have signed on a new property, paid my rent and deposit with an agency and due to move in next week. The current tenant has decided they aren't going to move out. I have sold my house and paid removals etc already. Where do I stand?

All this advice is irrelevent until we know if the OP has actually signed the tenancy agreement, I would think not.

anotherpaul_2

paintpot wrote: »

Unlikely. We don't know the circumstances surrounding the current tenant's departure (or not) but any landlord going through the eviction process i.e. has served a S21 or even a S8 would be as mad as a hatter to sign up a new tenant until they have gained possession as it can be a very lengthy process if the tenant decides to stay put until the bailiffs arrive.

True, but on the grounds that any landlord would be "as mad as a hatter to sign up a new tenant until they have gained possession" (and I agree), I made the assumption that their AST was coming to an end by S21 notice and the tenant has accounced that they aren't moving out. In which case, accelerated possession takes 14 days in court (which is longer than I expected). Plus the odd few days at the start and end.

It would be far more normal to agree a let in this circumstance if you tenant appeared to be happy to leave.

anotherpaul_2

50plusabit wrote: »

All this advice is irrelevent until we know if the OP has actually signed the tenancy agreement, I would think not.

I took "I have signed on a new property" to mean that they had.

paintpot

50plusabit wrote: »

All this advice is irrelevent until we know if the OP has actually signed the tenancy agreement, I would think not.

The evidence to date leads me to believe that she has signed up. However, even if she hasn't signed anything they have her money which presumeably she will require back in order to find another property (unless she has pots of money which many people do not at the moment) and the agent/landlord may be less quick to return it than they took it. Not to mention the credit check charges if Janey paid for those aswell.

So, thus, I don't think the advice has been irrelevant.