Can I postpone my start date to rent my place

skyjumper

Hi guys,

looking for some advice.

My flat was advertised through the local EA as I was going away for a year. EA advertised it and I think they have now someone who's interested in renting. Now my problem is

1) The initial date I had given to the EA - I'm in no position to move out from my place, due to delay in my moving away. I have tried to arrange for alternate accommodation, but it's going to be way more expensive than how much I will get from renting out my place, as it's going to be short term.

Now my question is - can I just ask the EA to post pone the start date of the renting by another 2 months?? I mean I'm happy to cover any losses they may have incurred during this process including the advertising. Also I haven't signed anything yet, as the proposal for the renting agreement only came in post a couple of days back and I haven't send anything back yet.

sorry, it's the first time I'm going to be renting out my place and is not very sure of the ins and out of it, so looking for some advice

thanks in advance

BitterAndTwisted

If you haven't signed anything yet then there's no start-date at all. You can stipulate when you want them to start looking for a tenant for you.

G_M

As long as you and a tenant have not signed a contract then you can instruct the agent to do whatever you want. You're not committed.

When you say "going away for a year" do you mean abroad?

If so, read this.

skyjumper

Thanx guys,

I still haven't signed anything yet, and even though the EA stated to me the other day that some one is interested in renting, the property is still on the EA website and also on right move, withOUT the label of let agreed.

Does it make any difference that we had a few viewings in the last week? As I mentioned, I haven't signed any papers yet and the only thing they have is my details and the paper which we had worked out the rough figures; nothing signed by me.

Once they had the initial meeting they had sent me a letter which I was to sign and send back to them, which I kinda deliberately delayed for a week since I learn that my moving away dates are going to be postponed for another 2 months and after I found out how much I will have to shell out to live outside. I feel bad that they have taken the time to advertise and also taken time to come around for the viewings.

So am I right in telling them 'I don't want to give it for rent from the date I initially gave you, but will be happy to rent it out after 2 months' ?

thanks G_M for the link; kinda knew it but hasn't filled the forms yet.

clutton_2

if a prospective tenant has put down a reservation on the property and you wont let the agent sign an agreement on your behalf then you should make sure that the agent refunds that reseravation fee. to the tenant - . as it would have been paid on the basis that theh property was available - which it is not

skyjumper

just an Update, got this email from the EA - I had emailed the EA about me having to spend more than what I would get in rent, and this is the reply


Thank you for your email explaining your predicament, however, I have now confirmed to the tenant his moving in date and also taken a non refundable deposit from him as well as sent him the paperwork making us legally obligated to give him the property. As well as all of this the tenant has notified his place of work and paid for removal and administrative costs.

Is there any way in which we can help you find somewhere to tenant in the meantime.


any suggestions - about how to go from here - I haven't yet signed any forms or contract with them.

BitterAndTwisted

If you haven't signed a contract with them then they were premature in signing up a tenant. At the moment they are are not authorised to act on your behalf, so if they've countersigned a tenancy agreement then that's their problem. Telling them this will inevitably mean that you'll have to find another letting agency once you have firm dates for your departure.

skyjumper

thanks Bitter and Twisted for your fast reply.

I haven't spoken to them yet, after I saw their reply, but wanted to check if I was legally right to do so. I guess they were premature, but I have to admit they were only doing this for my benefit, as I was getting a tenant the day after I was moving out from the accommodation.

Really confused now as to what the best way to deal with this dilemma? I'm don't want to upset them, but at the same time don't want to move out before we are actually ready. Confused !!!

Brb

Whilst I feel for the tenant they have taken the monies from I would say they have acted beyond their remit and ask them to point out to you in your contract when you intend to give possession of the property over to them.

I have to say though that I am surprised that there is no contract in place prior to the marketing etc. Normally they like to tie you in as sole agency before you they'd even get the digital camera out for rightmove.

Do you know anything about the tenant that should have been moving in ? is it worth offering to pay for them to lodge elsewhere and/or negotiate a small (£25 a month ?) discount on the rent for initial fixed term ? It's a flat so not a family moving in but if it's someone who is striking out for the first time from parents' home they might just agree to a compromise.

skyjumper

hey guys,


just an update. after 10 days of me starting this thread, I haven't really achieved much. Don't have a place to move, yet. and EA not being very helpful either. I still haven't signed anything yet, and is really struggling to find anywhere reasonable to move into, forget cheaper.

I know I will be in their bad books if I try pull out now, but what I really want to know is that can the EA legally do anything about it. I mean I know it was a bit cheeky of me not signing the form and return it to them after I found out moving initial moving dates has been changed.

any advice really appreciated, as you can see I'm really stressed and it's not helping with our proposed move in anyway.

G_M

I have to say my sympathy here is for the poor tenant. He is the innocent victim. Yes, the agent has acted beyond their remit, but it was done with good intentions - to get you a tenant in place.

And the poor tenant has made all sorts of plans, as well as handed over money, in good faith. Imagine how you'd feel if you suddenly found the home you were counting on had vanished?

So yes, legally you can probobly deny any contract exists with the agent, and no valid contract exists with the tenant, but morally....... !!!!

If you do decide to pull out of this arrangement, you certainly have a moral obligation to mitigate considerable costs.