Person 1 came to view my property but couldnt move in until 1st June. This was too late for me and I went with Person 2.
Person 2 failed credit checks and the property was available. I got a message from Person 1 that they were glad it was available and they could take it from April or 1st May, as they wanted it.
We have just finished signing contracts with tenancy start date of tomorrow, and today I receive a message if they can start to pay rent from 1st June.
Do not rent to people that can’t pay their rent
Never sign a contract in advance
If we have students that don’t pay we don’t give them keys
I only sign the contract once the rent is received
Never take on tenants that fail referencing
If a tenant doesn’t pay the initial rent at the start of an Assured Shorthold Tenancy (AST) in England and Wales—even if both parties have signed the agreement—the landlord has a few key options:
Do Not Hand Over the Keys
If the tenant hasn’t taken possession of the property (i.e., hasn’t moved in or been given the keys), the landlord can refuse to hand them over until the initial rent is paid.
In legal terms, this means the tenancy may not have truly commenced because occupation hasn’t begun.
Treat the Agreement as Breached Before Commencement
If the start date has passed, rent is unpaid, and the tenant hasn’t moved in, the landlord may argue the tenant has repudiated the contract.
This gives the landlord grounds to cancel the agreement and seek a new tenant.
Start Possession Proceedings (if the tenant has moved in)
If the tenant has moved in but not paid the rent, the landlord can serve a Section 8 notice under Ground 8 (mandatory), once at least two months’ rent is unpaid.
I don’t hand over keys and send students home till they pay
When I spoke to the n r l a about this they said it was an implied tenancy
The university advised not to hand over keys
The RRB will change the directive and this will be allowed
Isn’t this contrary to the Tenant Fees Act, as any money paid in advance of signing the tenancy agreement is considered a Holding Deposit. Openrent I believe do things the correct way, which is to collect the rent after the tenancy is signed, and therefore its not possible for anyone using Openrent RentNow to collect rent before signing.
Is that like when they don’t verify ownership of properties if you only advertise through their portal or where they seem to have indirectly introduced their own deposit scheme ( going off what I have read not my personal experience ) or returning holding deposits when tenants failed referencing ?
Any other agents can’t legally advertise without gas electric or EPC so how do they advertise on a platform without these in place ?
If they did perhaps there may be a little less fraudulent pretend landlords
Where its clear that a tenancy has been agreed, a payment of rent prior to signing the contract should not be a breach of the Tenant Fees Act as things stand. This, of course is proposed to change in the RRB.
I am not very knowledgeable on the legal side of things, but a practical first response would be to give a polite but firm no. This was the agreement.
That might be all that is needed to ensure that they pay. (Do not hand over keys until they are up to date or you have had some proper advice).
Its not a great start to the tenancy. I would be concerned about a tenant with cashflow issues.
Red Flag .Don’t hand over the keys. The tenant may argue that you have both signed and so legally you are bound but if it was me, no way would I hand over the keys or let them have possession.
I’ve just noticed you say you are a new Landlord and the tenant may be trying to take advantage of this. It’s a legal minefield and gaining back possession of your property is far from straightforward.
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