Rent held by Openrent

SallyJS

I'm a landlady who has found tenants using Openrent. Before now they forwarded the first months rent within 5 days. They have now changed their contract and keep the first month's rent for up to 14 days including 10 days past the moving date in my case. I suspect they are laughing at me for emailing them in a real temper. Since my new tenants (who are also pretty mad at them) won't have paid any rent when they move in are they in breach of contract? Or is this an unfair term and condition? My advice is to avoid Openrent if you are a landlord or tenant.

propertyrental

We can't read your contract. What does it say?
But let's face it; Openrent?
(at lease it wasn't gumtree!)

anselld

The tenants are not in breach of contract because they have paid (your agent).
You do not need to use OpenRent for contract, deposit, rent collection, referencing, etc.  Their basic offering can be used for advertising only.  In the past I have used advertising plus referencing but nothing more.

gazfocus

Not really sure why you think the tenants would be in breach of contract. They have paid the rent to your nominated agent (openrent) so your suggestion that they haven’t paid the rent in incorrect. 

Your issue here is with OpenRent. If the tenant had paid 6 months rent to OpenRent and OpenRent hadn’t paid a penny to you, the tenants will have still paid the rent to your agent so you wouldn’t be able to evict them for non-payment or rent for example. 

saajan_12

SallyJS said:

I'm a landlady who has found tenants using Openrent. Before now they forwarded the first months rent within 5 days. They have now changed their contract and keep the first month's rent for up to 14 days including 10 days past the moving date in my case. - did you see this in the T&Cs between you and OpenRent before taking their RentNow service, and if so, vote accordingly with your feet? 
I suspect they are laughing at me for emailing them in a real temper. Since my new tenants (who are also pretty mad at them) won't have paid any rent when they move in are they in breach of contract? - The tenant has paid OpenRent which is your agent, so that's equivalent to them paying you. As far as the AST is concerned, the tenant has done their part, and you should allow them access on the move in date to avoid being in breach yourself. 
Or is this an unfair term and condition? - Its a term you presumably agreed to in your contract with OpenRent, and the default position is terms are valid unless grossly unfair. Regardless, by the time you can enforce it, they'll have paid the money so its just academic. 
My advice is to avoid Openrent if you are a landlord or tenant. - My advice is to just use it as an advertising service (£29) but avoid the RentNow ie manage the agreement signing, rent collection etc yourself. My main reason was I wanted to be in control of the agreement wording and rent payments. 

Comments in line.. realistically little you can do, you probably agreed to this when signing up for RentNow. At this point, just wait for the rent payment to come in and next time vote with your feet. I just use the advertising and steer well clear of the AST signing / rent collection.