"backdating" tenancy agreement

Whitecloud

I am a student in London and rented a property through a Letting agency who is also the Landlord. This expired at the end of mid June.

My friends (3 of them) had rented another property from the same landlord; one of those friends was leaving and I was going to take his place. The previous 3 tenants gave the required notice (which terminated the existing contract mid June) and a new contract was suppose to be drawn up for the new period. The agent already had a reference for me and carried forward my deposit.

The problem is that the landlord didn't send the contract to me till 16th August but on the contract the start date is given as 18th July. He has demanded I pay rent for the month beginning 18th July (the landlord says that he hasn't charged from mid June) otherwise I can't move in. I don't have time to find another place. I have paid the rent from 18th July but under protest which I made clear on the phone (and on the letter I sent with the signed contract - today). On the contract I also wrote the date contract received and date signed.

This seems very unfair to me as I have been asking the landlord (half a dozen emails, half a dozen phone calls and one two visits to their office) for the contract and have wanted to move in since late June. When I was in London late July, I went to see the landlord and he promised to send the contract the next day - which he didn't. Is there anything I can do to get redress retrospectively or do i put it down to (expensive) experience?

The landlord is a member of various professional bodies.

Thanks for your advice.

mr_fishbulb

Would you be able to clarify:

When did you move out of your old place?
Was rent fully paid up until that date?

When did you move into the new place?
When have you paid rent from in your new place?

Whitecloud

Moved out of old place 18th June.
Rent fully paid. No deductions from deposit.

Haven't moved into new place as no contract and no key.
Paid today for month beginning 18th July and for the month starting 18th August. Contract for new place received today and posted back today. Key to be colleted after contract and payment received by landlord.

climbgirl

When did you agree with the landlord and agency that you would move in and when the contract was due to start?

You pay from the date on the contract but I can't see how they can backdate that if you have had no key and no access to the property during that time!

Whitecloud

The previous contract for this property finished on 24th June. As my other two friends and I wanted to "keep" this property we were happy for the contract to start asap after that date. The Landlord was suppose to draw up a contract for me and my two friends asap after this date.

Whitecloud

One thing that may not be clear from my first post. The contract that I had to sign today stated start date as 18th July. Landlord not willing to change this when I protested and basically said take it or leave it.

00ec25

Whitecloud wrote: »

One thing that may not be clear from my first post. The contract that I had to sign today stated start date as 18th July. Landlord not willing to change this when I protested and basically said take it or leave it.

basic contract law says the contract comes into force when "consideration" is exchanged - you pay the rent and he gives you possession (ie keys)

sorry but I don't know what happens given the fact you willingly agreed to vary this by paying the rent early for a period you did not and could not have possession

BTW - student lets are often timed to end in June/July - as a final year student you do not want to be paying for accommodation after you have finished your course so I'm not surprised the LL was inflexible about the start date as he would have difficulty letting it in the future if it runs mid Aug - mid Aug

may_fair

Whitecloud wrote: »

The previous contract for this property finished on 24th June. As my other two friends and I wanted to "keep" this property we were happy for the contract to start asap after that date. The Landlord was suppose to draw up a contract for me and my two friends asap after this date.

But presumably the two friends have been living there since 24th June, paying rent?

may_fair

00ec25 wrote: »

BTW - student lets are often timed to end in June/July - as a final year student you do not want to be paying for accommodation after you have finished your course so I'm not surprised the LL was inflexible about the start date as he would have difficulty letting it in the future if it runs mid Aug - mid Aug

The LL could have granted a tenancy from mid-August 2011 to mid-July 2012. Nothing to say the term has to be a year.

Whitecloud

may_fair wrote: »

But presumably the two friends have been living there since 24th June, paying rent?

Yes. They had a contract which they signed for the new period but I didn't, which is something that has confused me. I kept asking the LL but he just didn't send it and it wasn't available to sign when I went to see him; he said he would draft it that day and email it to me but he didn't.

agrinnall

So where have you been living for the last two months?