Should we sign rental agreement when current tenant is still there?

Nenen

clutton wrote:

"". One of them states that the original 'admin fee' plus charges to do credit references are non refundable.""

This is what i tell all my prospective tenants also (but i only charge £50 per person) - what happens to it - is that i use most of it to pay a professional referencing/credit checking company to verify all the information on the tenancy application form already completed. If that person comes back as an unsuitable tenant - why should i give him the money back ?

I only actually check one prospective tenant at a time, and if i agree a tenancy i have refunded several £50s if i have not actually bought in their credit-check. I work from my home, and so do not have the overheads of larger high-street letting agencies - hence my smaller fees.

I agree that keeping the £50+ for credit references is fair if they come back negative Clutton. However, I'm talking about a situation where the LA is saying we can definitely move in on x date and we pay all the fees (over £250 in total) on that basis. Then, a couple of days before we're due to move in (with removal firms booked etc) the LA says 'oh the current tenant has decided she is not moving yet and actually she has paid her rent up until x + 21 days anyway'. Surely, in this case it is not fair of the LA to keep our fees?

franklee

Nenen wrote: »

I agree that keeping the £50+ for credit references is fair if they come back negative Clutton. However, I'm talking about a situation where the LA is saying we can definitely move in on x date and we pay all the fees (over £250 in total) on that basis. Then, a couple of days before we're due to move in (with removal firms booked etc) the LA says 'oh the current tenant has decided she is not moving yet and actually she has paid her rent up until x + 21 days anyway'. Surely, in this case it is not fair of the LA to keep our fees?

Have you asked the agent what would happen in this situation?

If you pulled out I think they would retain all the money. But if the tenant merely delays moving out, making the date awkward for you, but the property will still be available then who is pulling out? Them for missing the date or you for not waiting? I know which is fair, but that may not be their view ...

I think if the property wasn't available on the advertised date it would be fair that you got your money back but somehow fairness seems to pass agents by so be careful what you sign up to.

As for having the plug pulled after removals are booked, I'd recommend the tenant and landlord sign the contract in advance, but they may not agree to that, in which case you could be left with no where to go.

Fundamentally you need to be dealing with a good agent that tells you accurately and honestly what is going on. Once the tenant has exchanged on her purchase the landlord/agent should be willing to sign a tenancy agreement with you so you are on solid ground to arrange your move. If you are dealing with an landlord/agent who won't sign the AST till moving in day then you have no security that the tenancy will go ahead. So ask the agent what their procedure is and avoid the bad ones.