Landlord Making me pay rent before move in

avablue

I am due to move in to a new flat I am renting this week. However, my references are taking time to come back (not my fault as the referencing agency just started the referencing) and now my new landlord is pushing the move in date back. However, he is still demanding that I start paying rent on the original move in date as opposed to the new move in date. Is this legal? I am worried that if I refuse to pay rent from the original move in date that he will then give the flat to someone else? Any advice would be great.

G_M

What date does the tenancy agreement say the tenancy starts? The new, delayed date?

If so, that is when rent starts.

Of course, if you pay the rent in advance of that date (ieon the original start date) that makes nodifference. What matters is the period the rent covers, not the date it is paid.

So check the date written on the TA.

If it is the original, earlier, date (and the LL signs this) then that is the date rent starts, and is also the date you should get the keys.

The LL cannot have it both ways: he cannot make the tenancy (and rent payment) start on the earlier date, but not give you the keys till the later date.

avablue

Thank you for the reply. The tenancy contract states that it starts on the original date, however neither I nor the LL have signed yet as I cannot do so until the referencing is complete.

Blackpool_Saver

cheeky beggar, they will try anything

avablue

So do I have the right to refuse to pay rent before my keys are given to me?

ging84

i would have though you should never pay rent before the tenancy agreement is signed

i don't think you need to worry about the landlord letting to anyone else if the only thing holding it up is the references, it would take even longer for him to reference someone else.

avablue

Okay, thank you for the help. I will be emailing him now and explaining that I will not paying for rent before we are allowed to enter the property and that I want to contract to reflect this change.

G_M

avablue wrote: »

So do I have the right to refuse to pay rent before my keys are given to me?

No landlord will let you into the property till you have paid the 1st month rent in advance(andprobobly a security deposit too).

But you should not pay rent till the tenancy agreement is agreed (especially the start date!) and signed by both you and the landlord.

Then you pay the rent and he gives you the keys, and the tenancy starts on the date the TA says.

wannahouse

our tenants put in an offer to rent our place, from x date.
we accepted.
but they mucked around for ages with referencing and getting in documents etc, that dragged it out, so ended up moving in one week later, but the agreement was drawn up for the agreed upon initial date, and thats the rent that was expected.
their offer was to rent from x date, so thats what they were expected to pay.
we would have let it to someone else instead that would have moved in sooner.
the tenants expected to pay rent from x date, however, and it was explained to them by the agent that despite their delaying getting in documents, they would still have to pay from the original date agreed as they had held up the property and cost us loss of rent because of their messing around ,so they knew the score.
when we have rented properties ourselves, we have agreed a move in date from which we expect to pay rent, and if the delay was due to me, i would expect to pay rent from that date, however, if someone else caused the delay, i would say that would be unfair, and the date should be renegotiated when the references come back.

avablue

Yes, I have no problem with paying the rent and deposit in advance. What I have problem with is having to pay rent and having my tenancy legally start on a date that I cannot access the property on. I am trying to figure out what is legal here-can they have the tenancy start on a date in which I am not yet allowed to enter the flat? This is the email they sent me

"The move in has now been changed the 17th due to this information. If we can get it referenced and all documents completed we may be able to achieve this. However the Tenancy agreement and payment will be dated as the 16th due to the offer being accepted for that date."

avablue

The delay was not due to me, I have been anxious to have everything done on time as I have cleaners scheduled to enter the property on the original move in date and have done everything in my power to provide documents as soon as they were requested.