" … Though it comes as a surprise to be able to pay deposit and rent and sign the contract afterwards. Isn’t that the system does require you to sign everything first and then the tenant needs to proceed with payments? "
In my view (as landlord), yes; and previously in life (as (an exemplary) tenant), most certainly yes - I would never have parted with a groat until the letting party had committed in writing to signing up for the when/where/& what they were providing as accommodation. Think also about what moving home involves by way of ancillary services to organise …
As mentioned above in A_A’s post (citing Tessa S), a contract must have consideration - if the deposit and first month’s rent do not get remitted in advance as stipulated, imv there is no contract to enforce (i.e. you would not be obliged to hand over the keys on the day).
Obtaining some form of bridging funding might have been the better approach here for your tenant (perhaps via their guarantor, as suggested) - I don’t see though that your position is compromised in any supplementary fashion by sticking to the original contract commencment date, given that you had assessed already the student’s circumstances as tenant were satisfactory. If they are depending on your premises, they’ll surely want to play it as straight as they can. With the guarantor in situ for plan B, it’s effectively your call how to progress
As a renting Tenant in England since 1983, I would hold that it’s the DATE of the TENANCY that is important. If she signs the contract for a certain DATE, it is binding. However I am not a Solicitor – try Landlords Associates (I would recommend becoming a member). I am able to use Shelter for free legal advice.
But honestly having met MANY horrible Landlords and few honest, legal ones, you are being extremely accommodating. You could drop her like a hot potato & find someone else! It’s understandable in these times that financial things can change, but the DATE of commencement of the Lease should NOT change – and incidentally get an Assured Shorthold Lease which will protect both of you!
There was a time before 1989 when it was nearly impossible to force a “sitting tenant” to move out. Now the law is trying to be equable. You know as a Tenant if you have a 12-month AST, you cannot be put out unless there are serious extenuating circumstances – i.e. you open a brothel or a cannabis factory.
USE THE LAW.
Thank you Carole for another great piece of advice. I must admit my patience has been further exposed as some payment has been made today but due to apparently now technical issues with bank (yeah, don’t even ask me for details), I was asked to move in check in date for tomorrow (as the full amount is to be transferred by the end of today). Must admit I’m getting increasingly annoyed and ponder whether I should just not surrender this tenancy. I was purposefully trying to complete all of this by midJune due to my personal circumstances changing substantially in days but I feel like I would rather have flat empty than deal with this person and her run of excuses.
I probably will seek some formal legal advice, but in the meantime, do you know what are my options if I request to surrender this tenancy? My understanding is that the surrender has to be mutual, and as much as I will request 2 months breaking clause to minimise my lossess she may not agree to that? I suspect I can certainly ask for surrender without committment, but you are correct once she pays in the outstanding balance I will have to check her in which may not be easy to resolve afterwards and I don’t fancy going through evictions etc. Is there any other options where I can cancel the tenancy but at least expect some partial coverage for my lossess? Honestly, now it’s not about the monies, but more my irritation how irresponsible people are.
Take legal advice. 20 minutes is free
NRLA is free
David Smith of JMW or Anthony Gold
The contract was signed before monies were received thus she should have received her keys and her tenancy should have commenced.
Surrender may open pandora’s box ( depending on the nature of your tenant- I don’t know how toxic she is or may become).
As a caveat this is the nature of student lets. Yields are higher but so is the headache.
As for checking her in, the OpenRent contract as well as clear advice is that unless the balance (deposit+first month rent) not to hand the keys.
I was also pondering on the utility bills. As she’s liable since the tenancy started (and I do have readings taken during inventory on that day), she should be liable for those too, right?
I appreciate that is what they say but that is not the law ( A signed contract is a signed contract and you are liable to hand over keys ( ref Tessa S))
I write all of this assuming the tenant has the contract. If she does not well…
You have a signed agreement so yes she is liable but it is all a bit messy if she does not move in and you never gave her keys. You could be sticking fingers in both pies and making a mess…
Make the utility decision if she moves in. Don’t make her liable and then refuse her the contract then you will be in deep water
I appreciate this advice is late but never sign a contract until you are ready to give over the keys
Thanks a lot. Yes, I wasn’t planning to make her liable for bills unless she physically moves in. I’d really hope she’ll clear the mess by tomorrow. She was convincing me so fiercefully to consider her application as a student (which I wasn’t willing to do as a default) and now I’m honestly deeper and deeper regretting it.
Hello there, I just saw this thread and felt a bit worried, as I am a new landlord as well.
I have a found a couple , who likes to rent my place. One of them is a student and one of them will have their employment ceased on October, but is positive to find a new job, they provide a guarantor.
My big question is, they will move in the end of August, I am wondering if I can get a deposit pay before we sign the contract and get the first months rent pay 3 days before they move in?
I feel uneasy to remove the advert without any deposit. Thank you all so much for your help I really appreciate this.
You can get a deposit before they move in. That is not a problem. Asking someone to pay rent three days is advance is unreasonable. I would not pay if someone asked me and I am a landlord
I think your bigger problem is you are going to rent to someone out of a job in October. Do you really want to rent to them?
I would not rent to someone in that situation especially admist a pandemic
Thank you so much for your reply , really appreciate it.
He is in a fix contract and it will end in October, which is, as I was told, generally a think with University research projects. They have her father as a guarantor.
Thank you for the information regarding the deposit, I will let them know.
When is the time to collect the first months rent, shall I ask them a day before they move in?
Many thanks
I was in academia . He should be applying for other jobs knowing he is out in October. In academia it is normal to line up your job in advance. I had my job lined up four months in advance. Funding has dried up because of the pandemic and so research posts are/maybe less available. Watch the news. Charities are not getting the income they once were!
Having a guarantor does not guarantee your rent straight away and may not at all. You my have to go to court to get your money and then apply to the high court.
This is a high risk tenancy.
You could be looking at an eviction and then rent collection
You collect rent the day they move in
Just wanted to add a follow up on this story. So my tenant eventually settled the balance the day after agreed deadline (as mentioned providing some further explanation on the deadline day which I may or may not believe). Though check in took place and I’m hoping for the best (what’s left!). I hope this was just all down to student’s circumstances + the fact that I think some people in their low 20s simply lack maturity to plan and prospectively analyse certain circumstances that are more typical for older tenants (though certainly not guaranteed).
However given the circumstances I started using rent collection via OpenRent (never bothered with it with my previous tenants and never had an hour of delay in payments) and I certainly did my homework in terms of what actions should I undertake should there be any issues with regular payments.
Thank you for this, I will look closer at the job at the Uni , do you know where I can find information on grands for Uni?
I also just have an incident, I was wondering if you can help
I just got a call from my current tenants, the emergency ambulance has to break my door to get to the tenant, who fainted I side. Do you know if I can claim this from the deposit? It was so stressful.
Thank you so much much
Thank you so much, may I ask why we cannot deduct from the deposit? As it was not us who cause the damage to the house. Many apologies I am new and still a bit confused on how this works .
Thank you
If the tenant really fainted and the ambulance really kicked the door in ( personally I think it would have been the police as paramedics don’t have the authority to kick in a door ) you cannot blame her
Hence, first get her to prove the ambulance did it. It will be in their triage sheet or a police incident number.
If this really is the scenario you can’t blame her for damage in this case
Your insurers will cover it as long as you provide evidence supporting her allegations
If it transpires it was the tenant’s fault and this story is a cover up then you can claim it from the deposit.
Ask your tenant to provide supporting evidence and then proceed accordingly