Backdating AST move in date

Jake173

I'm about to sign an AST and move into a new place. On my original offer to the landlord I said I planned to move in on May 4th. Through a combination of slow admin at the agency and an error on one of my references that has now been fixed, we still haven't moved in. The agent says the move in date (and therefore the date that I'm liable to pay rent from) will remain as May 4th. I don't think this sounds fair/legal as I shouldn't be liable for rent when I haven't been given keys/allowed to move in.

Any clarification on this would be great.

Guest101

Nope. A tenancy cant start until you take physical possession of the property.

Jake173

Thanks. That's what I thought.

I've been trying to find documentation supporting this but so far I've come up short. Any chance you could point me in the right direction please?

Guest101

I can do, but what you need to consider is this. If you cause a fuss now, then equally they can cancel the property. Or you'll have a strained relationship going forward.

Jake173

I think it's worth seeing the reference material if you could point me in the right direction please.

Guest101

Sure http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/54

Jake173

Thanks for that. I don't understand the language to the extent that I could confidently state that that section refers to a tenancy not being able to begin, and therefore me not being liable for rent, until I have access to the property.

Guest101

Leasing taking effect in possession - that's the bit you need.

As I say it's more a negotiation than anything else.

saajan_12

While the tenancy doesn't start until you take posession (i.e. move in) that doesn't mean the contract can't start earlier. The LL / LA may still expect to be paid rent for the period the property was empty for you (they weren't using it in that period either). Not saying they will get that.. its a negotiation, you may have to choose whether you'd rather pay up for the extra week, find somewhere else or negotiate somewhere in the middle.

FBaby

Did they tell you that you couldn't move on the 4th and refused to give you keys (because they wouldn't agree to you moving until the reference was clear), or was it the case that they were happy for you to move in and they keys were available for you to pick up, but you didn't do so because you wanted everything resolved before you moved in?

From what you're saying, it seems to be the former, so can't see how they could think it is right you should be paying for a period when you couldn't have been there!

G_M

So at present there is no contract? You and the LL/agent have not yet signed?

And furthermore, you have not as yet been given possession of the property? No keys.

Then I fail to see how either a contract, or a tenancy, could have been created on 4th May.

However as Guest says, there are risks in making this an issue - you may end up with either
* no tenancy at all, and/or
* a poor working relationship from the start of your tenancy

You could simply take the TA you are given, cross out '4th May' and write in '10th May' before signing. Keep a copy (ideally with the LL/agent signature on it too).

If that succeeds, then any arguement as to the date your 6 (or 12/whatever) month contract ends is put off till that point.

But equally likely the LL/agent will simply not accept the change, will not sign, and will not hand over the keys........