Tenants want to move in early

chrisw

I have some new tenants moving in to a house I let and the tenancy agreement is signed from 1st May.

They have asked whether they can move in a few days earlier due to the Easter hols, etc.

I don't have a problem with this and I'm not bothered about a few days rent as the house is empty anyway, but are there any legal implications in letting them move in ahead of the AST start?

Thanks.

BitterAndTwisted

Not that I can think of. Why don't you write them a letter confirming that the property will be vacant before their AST start-date and that you are happy for them to take possession of the property early from X date?

p_joker

the last 2 places we have lived in we have been in a day or 2 early, doesn't make any difference other than us having a good start with the landlord

chrisw

Ok thanks. I wasn't sure if it effectively gives them squatters rights or similar as they have moved in outside of the AST.

Gorgeous_George

You could change the AST to be on the safe side (ust change the staty date and get them to sign the change. However, once I have decided to let a property to someone, the risks have been assessed and I'd let them move in.

It's probably better to ask a professional.

GG

N79

There is no problem but remember that you are granting a new tenancy, so the old written tenancy is no longer valid. To protect everyone, just sign a new tenancy agreement with the new move in date - with changes to the rent due date.

Of course, in the course of a good tenancy, the above is not really required. The problem comes if the LL wishes to gain possession with a S21 notice as the dates of this notice are tied to the date the tenancy started - which could be an issue in the event of a Ts moving in ahead of their written tenancy. Whichever date is used for notices can be argued as the wrong date, by either party, complicating the eviction (at best it will mean it drops of the accelerated possession route). At the end of the day though, it depends on the LL's attitude to this risk.