EA refusing to release keys

Knox87

Hi all,

I was hoping that someone would be able to advise as to where me and my partner stand on the following issue.

The situation is that we have signed the tenancy agreement, paid the deposit, paid the first months rent, and completed the standing order form for future rent payments for a private property through a well-established EA. The tenancy agreement started on 1st June but the EA are refusing to release the keys to the property. The reason for this is that my partner has an existing tenancy agreement that doesn't expire until the end of this month (30th June) and, we are informed, that this has caused issues with the tenant vetting procedure and, hence, the EA is refusing to release the keys until this is resolved. Note that we are currently paying rent on the property.

Where do we stand? I've read the tenancy agreement and it says nothing of tenant vetting - other than we have to pay for it, which we have done along with the EA admin fee.

Any advice would be greatly appreciated as I wish to move into the property before the end of the month.

jjlandlord

You have a tenancy agreement and you pay rent: Call a locksmith and gain access yourself. Or rather start by telling agent (in writing) that you will do so if you don't get the keys by friday.
In any case adjust your next rent payment by deducting the days you had no possession of the property.

G_M

jjlandlord wrote: »

You have a tenancy agreement and you pay rent: Call a locksmith and gain access yourself. Or rather start by telling agent (in writing) that you will do so if you don't get the keys tomorrow.
In any case adjust your next rent payment by deducting the days you had no possession of the property.

I can't believe you've allowed this state of affairs to last this long!

Knox87

Thanks for that constructive advice G_M. To date it hasn't been a real issue as I've been working away...but I return in the near future! How would you approach the EA? What would you advise me to say?

missile

How strange. I cannot see what problem is unless your partner has had issues with the LL? It cannot be the first time tenancy agreements overlap? I would have thought many tenants would have some overlap in their tenancy agreements.

Some Agencies are petty dictators and I would try to contact the LL and see if he can help.

G_M

Knox87 wrote: »

Thanks for that constructive advice G_M. To date it hasn't been a real issue as I've been working away...but I return in the near future! How would you approach the EA? What would you advise me to say?

Don't say, write.

Well, both actually. Write a letter, take it in, give it to them and kick up hell. In the office. In front of other customers/tenants/landlords whoever.

Dear Mr landlord,
On xx date you gave me a tenancy agreement, which we have both signed, dated to start on 1st June.

Accordingly I have paid rent (dated xx/receipt datedxx /cheque numberxx/whatever).

However you have failed to supply keys or access to the property in accordance with the tenancy agreement. You are therefore in breach of the tenancy agreement.

Unless I receive immediate access to the property today, together with a refund for the 16 days I have not been granted possession of the property and compensation for my associated costs, I shall

a) instruct a locksmith to give me access
b) commence court proceedings for the breach of the tenancy and locksmith's fees

Yours sincerely,

A Tenant

edit: one question: you said

The situation is that we have signed the tenancy agreement

Please confirm that the landlord (or his agent) has also signed the agreement!!!

If not, then there IS no tenancy agreement yet and yes, they can complete their vetting procedure before granting you the tenancy. In that case you should simply ensure that the start date of the tenancy is adjusted to whatever date is agreed whereupon the keys should be handed over.

jjlandlord

G_M wrote: »

I can't believe you've allowed this state of affairs to last this long!

An instant of un-natural softness I guess...

If not, then there IS no tenancy agreement

Well, there could still be a tenancy agreement, but it'd be very, very risky to break in the property without written proof that there is...

mikthe20

They've probably got a mate in the flat - go round there and knock on the door.

I'd argue the tenancy is null and void and ask for the deposit back and go and find somewhere else. Use small claims court if have to. You're going to get a lot of grief in future from this agent anyway if you need repairs or your deposit back when you vacate.

Lazzza

LL is in breach of the tenancy agreement and has been since the 1st. References are irrelevant after he signs up.

At the very least, demand your money back if you've been paying since the first for the period until you get access.