Moving in day

crewscontrol

Hello new to the forum and hope you guys can help,

Me and my partner have been looking for a place to move to since our current let has been ended.

we started a month and a half ago and found a nice flat. we agreed a price, 2 year fixed term, no break clause.

we have been sent an offer letter and also been sent the contract to read, today we are supposed to be going to sign and the agent has phoned up to say that we cant move in on the 30 June because the current tenant can't move out (we had already arranged the day with the agent/landlord and gave notice once we got conformation to current agents that we wanted to move out exactly at the end of the 12 month the agreement (which is 30 June)

where do we stand with this - because if we CAN'T get into this flat then we have nowhere to put our furniture or sleep.

I have taken time off work for this, and whilst no-one has signed a contract do we not have a case for expecting the Agent/landlord to help given we have verbal and implied written agreements?

crewscontrol

40 views and no one has an opinion? or advice?

*miaomiao*

When can you move in? That would be an issue I'd be asking and it would help us to give you advice.

*miaomiao*

Okay, not sure if you're coming back to this or not before your appointment with the agent.

I would keep the appointment. Regardless of the outcome, you should both go and talk with the agent. It might be possible to negotiate a solution if the agent gets in touch with the LL and sitting tenant. Possibilities could include the tenant leaves a little early in the new place but the LL pays for a cleaner (I accepted this once as a solution when the LL contacted me about it rather than lose the tenant) or that the LL pays for a reasonable hotel for you nearby and perhaps you can at least put your stuff into a room in the house; alternately ask for a whack off the 1st months rent for the inconvenience. Maybe your current LL will allow you to remain for a set period for a set amount.

Go in calmly and speak to the agent, maybe you can find a solution because the ball is in your court: if you were to sign the tenancy the LL would avoid a void (a period where no one lives there and pays rent for the property), which is what most LLs want.

However, if you do find a solution, write it in to the contract. Don't forget you can add or remove anything in the contract by writing it in or crossing bits out. It's then up to the other party to see what they agree on and finally to sign the contract if all is agree.

If you can't find a solution, I would absolutely expect that you should get any fees back, especially if the flat is advertised as available from a specific date and then isn't. It would help if you had anything in writing.

BTW, I know this is a bit troubling as a situation for you, but MSE isn't a place to be impatient with the other posters just because they either don't have time or any advice for you. Sugar always wins more flies than vinegar.

jjlandlord

crewscontrol wrote: »

we had already arranged the day with the agent/landlord and gave notice once we got conformation to current agents that we wanted to move out exactly at the end of the 12 month the agreement (which is 30 June)

What sort of notice did you give them and how? Considering you had no obligation to give any notice to leave at the end of your fixed term, it's rather unwise that you did so early.

In any case they cannot throw you out if you stay beyond the 30th June.

crewscontrol

Thanks,

They are saying we can move in the next day 1 July.

The old place was a house share, they gave us all notice but for it to expire on the 6th July (i think technically the s21 were invalid, no deposit protected) but that would mean paying more rent. the check out is scheduled and all manner of fines etc will be applied.

We told them we were moving out at the very end of the contract so they wouldn't add the extra rent onto the final rental balance DD.

We found our new place very fast (london moves quickly) and the agent has been slow at moving it along.

but i have the contract here and it says to start on and include 30 July, as i say signing is today but they are trying to change the day.

we have sofas and bookcases and we will have no where for them by 5pm 30 june. They are already supposed to be doing a clean but that will push back us moving in until afternoon of 1 July!

if we hire a van to put our stuff in and get a hotel it could cost about £300 we are having to give 3.5K just to get the place!

I just dont know what to do or demand/ask from the agent, we need the flat but I'm very very angry. we worked hard to sort all this in advance and becuase the agent dragged it out we have no signature.

if we did I'd expect them to reduce the rent

superbabe612

It may depend on when the current tenant (at the new place) is supposed to move out. Why should they get to stay an extra day for their convenience but you can't?

Just explain the situation to your old LL and your new LL/LA, see who can and will compromise. Could you move your furniture in but stay with a friend/relative overnight? Could you stay at your current place just one more day? If you are liable to get charged for this, ask for a discount off your new rent to make up for it. If you just stay in your current place, after a fixed AST (not sure it applies to house sharing), you would normally switch to a rolling agreement, where you can give one month's notice - which you could do straight away, stay another month, pay the rent, and delay your move (and paying the new rent) for a month. Then the new LL would have a void month and plenty of time to get it cleaned and get rid of the current tenant.

Can someone else advise on the 'no deposit protected' bit? I've read on these forums that by law a landlord has to put your deposit in a scheme and if not could face a fine of 3 times the amount of deposit? I don't think it applies to lodgers sharing with the landlord but I'm not sure about house shares.

I've borrowed this bit from another thread (hope GM doesn't mind!)

The day after your current fixed term expires you will have a periodic tenancy at the OLD rent provided:
1) no new agreement has been reached (see above) AND
2) you stay in place AND
3) you continue to pay (the original) rent.

The LL then has the choice of
1) doing nothing and letting you stay OR
2) raising the rent on your periodic tenancy by following the correct procedure OR
3) giving you s S21 Notice (2 months notice) and seeking to evict you OR
4) further negotiating an agreement with you

crewscontrol

superbabe612 wrote: »

It may depend on when the current tenant (at the new place) is supposed to move out. Why should they get to stay an extra day for their convenience but you can't?

Just explain the situation to your old LL and your new LL/LA, see who can and will compromise. Could you move your furniture in but stay with a friend/relative overnight? Could you stay at your current place just one more day? If you are liable to get charged for this, ask for a discount off your new rent to make up for it. If you just stay in your current place, after a fixed AST (not sure it applies to house sharing), you would normally switch to a rolling agreement, where you can give one month's notice - which you could do straight away, stay another month, pay the rent, and delay your move (and paying the new rent) for a month. Then the new LL would have a void month and plenty of time to get it cleaned and get rid of the current tenant.

Can someone else advise on the 'no deposit protected' bit? I've read on these forums that by law a landlord has to put your deposit in a scheme and if not could face a fine of 3 times the amount of deposit? I don't think it applies to lodgers sharing with the landlord but I'm not sure about house shares.

Its a one bed flat and no we cant move furniture in, we cant stay at the other place. Cleaning inst really a big deal to me (id rather professionals didn't do it, then I don't have to do when I leave)

We are pleased to be leaving the property and arn't interested in being awkward about the s21 validity (they have given us back the deposit)

My question I have is are we just stuffed! (meaning coughing up the £300?)

The Landlord could just refuse the offer of the flat if we make a fuss. Then we have no flat and will have to screw over our current landlord by not moving out (house has been sold)

You know sometimes I wonder what the point of being nice and hardworking, playing by the rules actually means! I'm not poor and I'm not rich and so that just means do me over:(

InkZ

I'd be trying to reach an agreement with the new LL about the £300. Maybe reduced rent for a month or something. Even if they met you halfway it would be better than nothing.

crewscontrol

superbabe612 wrote: »

It may depend on when the current tenant (at the new place) is supposed to move out. Why should they get to stay an extra day for their convenience but you can't?

Just explain the situation to your old LL and your new LL/LA, see who can and will compromise. Could you move your furniture in but stay with a friend/relative overnight? Could you stay at your current place just one more day? If you are liable to get charged for this, ask for a discount off your new rent to make up for it. If you just stay in your current place, after a fixed AST (not sure it applies to house sharing), you would normally switch to a rolling agreement, where you can give one month's notice - which you could do straight away, stay another month, pay the rent, and delay your move (and paying the new rent) for a month. Then the new LL would have a void month and plenty of time to get it cleaned and get rid of the current tenant.

Can someone else advise on the 'no deposit protected' bit? I've read on these forums that by law a landlord has to put your deposit in a scheme and if not could face a fine of 3 times the amount of deposit? I don't think it applies to lodgers sharing with the landlord but I'm not sure about house shares.

I've borrowed this bit from another thread (hope GM doesn't mind!)

The day after your current fixed term expires you will have a periodic tenancy at the OLD rent provided:
1) no new agreement has been reached (see above) AND
2) you stay in place AND
3) you continue to pay (the original) rent.

The LL then has the choice of
1) doing nothing and letting you stay OR
2) raising the rent on your periodic tenancy by following OR
3) giving you s S21 Notice (2 months notice) and seeking to evict you OR
4) further negotiating an agreement with you

Thanks but that doesnt really work for me, its sugessting I do exactly what is happening to me. All that does is punish the wrong people (if punishing anyone is the answer anyway)

The rent is paid up, dates set. We are moving out but at the moment we arn't moving in anywhere.

Will be seeing the agent this evening and I will try and negotiate the £300 but to be honest I cant go in as forceful as I'd like because we need the flat.

Once signed and moved in though, I might just be a prized awkward tenant - I'm blaming the agent here becuase i think the process has taken soooo long becuase they have just dragged it out. Myself and the landlord could have had one phone conversation, signed and be done.

LillythePink

When does their tenancy run out?

If it ended on 30 June, then surely yours would start from 1 July not 30 June.

If theirs runs out on 30 June then you cannot expect to move in on the same day as they will have paid rent for that day so they would be losing out and you would be winning.

Has the agent given a reason for them not being able to move out on that day?