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Renting a property whose current tenants are breaking their contract off early.

I am planning (going to sign contract soon) to rent a property from a landlady whose current tenants are breaking their agreement early and leaving soon.

Is there anything to look out for? What would happen if we signed the contract to rent it, and the current tenants then refused to break theirs, meaning we were both renting the property??

Due to this circumstance, the landlady says we will sign the contract on the date they move out... (the premises is far away from my current abode so i thought it made sense). However she wants the deposit now, before we have signed the contract... is their anyway way i can make sure i get the deposit back if things dont work out... ie a specific deposit contract?

I have gone through periods where i have thought this all sounds a bit dodgey, with the tenants asking me, "have you signed yet, have you signed yet" whilst when the property was first advertised they refused to give us the landlady's number or full name, holding the talks instead as them as the middle men. We met the landlady personally but the whole experience has made us unsure. How do we know we are signing a contract for the house and giving our money over to the landlady directly instead of to a randon person?

Thanks

Comments

  • Tassotti
    Tassotti Posts: 1,492 Forumite
    If the current tenants wish to leave early, then they have had to find a replacement, otherwise they would incur costs. This is why they are eager for you to sign.

    Specific deposit contract is called a Receipt. Don't hand over any money until you have an AST (containing LLs address)
  • BT_man
    BT_man Posts: 68 Forumite
    Tassotti wrote:
    If the current tenants wish to leave early, then they have had to find a replacement, otherwise they would incur costs. This is why they are eager for you to sign.

    If that is the case then it's time to negotiate a discount..;) :D
    some people label me a troll.
    Totally Realistic Opinion Let Loose
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    do not sign the contract till you are in the property, and when you can see it is empty, and that is has been cleaned. Hand over the deposit in cash at that point. a landlord needs to have cleared funds before allowing a new tenant in the door - explain that you will be doing this now.

    preferably ask for a copy of the agreement in advance, so that you can read it ahead of time in case there are questions you need to ask CAB or Shelter.
  • clutton wrote:
    do not sign the contract till you are in the property, and when you can see it is empty, and that is has been cleaned. Hand over the deposit in cash at that point. a landlord needs to have cleared funds before allowing a new tenant in the door - explain that you will be doing this now.

    preferably ask for a copy of the agreement in advance, so that you can read it ahead of time in case there are questions you need to ask CAB or Shelter.

    so a specific deposit contract or basically a receipt isnt a good idea? Its a typical scenario in which we havent signed anything so we dont want to !!!!!! of the LL by saying, we wont pay the deposit til we are at the door.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    A good tenancy agreement (AST) contains a section at the beginning specifiying the amount of the deposit, and the signature of the landlord/agent on the Agreement acts as a receipt for the deposit. You should not hand over a deposit without signing an agreement. IF the landlord wants proof of your committment - surely he is asking your for a credit reference fee ? IF he really wants a deposit in advance, make sure you type out a receipt which says

    ""Received £x as a deposit against a tenancy on x addresss, starting on x date at £x pounds per month for x number of months. "" DAted ..............

    and which he is willing to sign. if he wont sign it, go elsewhere for a flat.
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