Moving on today, but flat is not ready

dominoman

I am supposed to be moving into a new flat in Forest Hill today, but I have just been to it and it is not at all ready.

The landlord told me it would be cleaned and painted. It hasn't been painted, and it needs lots of maintainance. Most doors are missing handles, the light fittings are broken with bare wires showing, the furniture is in terrible state etc.

In addition the previous tenant is still moving out and his bike and boxes are in the hallway.

The landlord is coming tomorrow to collect the first months rent. What should I do. I have to move in today but an upset that it is in such a state.

I feel it is greedy for the landlord to say it is available from today when she knew the previous tenants were leaving only yesterday after 4 years there. Surely they should have left some days spare between them moving out and us moving in to do repairs etc.

I feel stuck, and upset that I can't move in properly.

BitterAndTwisted

I'd be minded to tell the landlord that you won't be paying any rent until all the promised work has been done, even if it's just any empty threat.

Still, the fact remains that once you have signed the tenancy agreement and accepted the keys your tenancy has begun and therefore the rent is due. Unless the landlord agrees otherwise.

There could be a number of reasons why the landlord has not been granted access to carry out the repairs by the current tenants, even if a cynic could conclude that this was all planned and accepted by the landlord from the outset.

dominoman

I have the keys but haven't actually signed the tenancy agreement yet. She is coming around with it tomorrow.

Should I ask to wait and not sign it until the work is done? I don't want to cause bad feeling though.

Maybe I can write on the agreement that it is dependent on the remediation with being completed. What do you think?

caeler

The only bad feeling will be yours if you don't get this sorted and move into a property you are unhappy with and will want to leave sooner rather than later.

Do you have to move in? Or could you stay where you are and have a rethink? If you have options don't feel bullied into accepting a tenancy full of empty promises.

pmlindyloo

Since you haven't signed a tenancy agreement then you are not bound to actually move in.

Obviously this will be dependent on whether you have somewhere else to live!

Have you the landlord's contact details? They may even be unaware of what has happened. Shoddy to say the least.

Why did you get keys before signing the tenancy agreement - most unusual.

So, contact the landlord now and discuss what should happen and what they are going to do.

Do not sign the tenancy agreement until everything has been fixed. Even if you wrote it in the agreement there is no guarantee that it would happen and it would involve a lot of hassle to get it sorted.

The LL is unlikely to want a void in rental payments (fingers crossed ) so should be pretty blooming quick about getting everything fixed. worth asking if they will pay for a B&B whilst you wait (unlikely to agree and nothing in law to say they must) but worth a try!

Or you can walk away.

The only proviso I would make is whether accepting the keys means you have accepted the tenancy - I don't think so but wait for G_M or another expert to advise (hopefully)

amiehall

I would think that, before you've signed the tenancy agreement, you're in a very strong position to get these problems fixed promptly.

The LL is unlikely to be able to find another tenant with the flat in its current condition so will be looking at a void while the situation is sorted out.

I would make clear that you need these problems fixed in x time, you will sign the tenancy agreement once the flat is liveable and that if it isn't possible, you will find somewhere else to live. If I were you, I would be viewing other places and seriously considering just walking away once you've found somewhere else.

Kynthia

You haven't signed a AST, you haven't put a single possession in the property, you haven't paid any rent and you haven't spent the night. If you also return the keys fairly quickly then it's very clear that you haven't 'taken possession' of the property or formed a contract yet so you could refuse the property and go elsewhere or you could bargain to delay starting the tenancy until the property is in a fit state. I personally wouldn't be keen on this landlord unless the outgoing tenant said good things about them.