We signed the contract weeks ago and the move in date is set for the 1st of June. They still haven’t paid and haven’t responded to messages either. Openrent said to contact the tenant but I feel like I’m getting nowhere. I’m also concerned about what this will mean for rent payments going forwards. Ideally I’d like to cancel and go with someone else but as all parties have signed it looks like I’ll have get them to sign a deed of surrender.
They passed referencing fine so not sure what else I could’ve done? Any ideas on where to go from here?
Firsts, contact them through their employer – ring their employer and ask to be put through and if they don’t respond write a letter to the MD of their company.
If they don’t pay then don’t let them have the keys. You will be in breach of contract, but so will they. If it goes to court – which it won’t – whatever happens you’ll be better off than having them as tenants.
Also, explore RPI now, while you have the chance. Look carefully at the contract wording though.
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@Harvinder
Sorry to hear your problem
You havent said how youve been trying to contact them. Messages via openrent often go to spam. So do emails. Whatsapp messages can ‘disappear’.
Nor what you agreed with the tenants about when 1st month would be paid - you should have discussed and agreed it not wait till they didnt pay. Openrent dont tell you to do that but then they arent a letting agent and you need to manage tenants yourself.
Just pick up the phone be very plain that unless the rent is paid before 1st june they wont be getting any keys. If need be by calling them at their employer/place of work
Even if they hadnt signed you would likely have a contract/tenancy as i understand it
Hopefully just a misunderstanding but if you and they cant communicate properly even before they move in, it’s a terrible start and proposing cancelling might be sensible - bear in mind it may be a shock the tenants might have assumed paying the day before move in was totally fine if you havent told them otherwise.
Good luck
@Howard1
RPI is a good idea but if the contract says the tenants should have paid month1 by now and they havent @Harvinder would need to disclose as it’s material and no insurer will offer RPI.
Best
But it’s illegal to take Month 1 rent before the start of the tenancy now we have RR, so RPI can’t demand it. I’d be more worried about the deposit.
I’ve messaged using open rent, and via email and via WhatsApp. I’m loath to call as that doesn’t leave a paper trail. They won’t be getting keys without paying but I’m preparing the house for tenants to move in and I feel like the effort is being wasted
@Howard1
Actually 1st months rent can be taken between signing of contract and move in date.
See eg guidance below
Best
"## Before the tenancy starts (the ‘pre-tenancy period’)
The period of time after the tenancy agreement has been signed and before the tenancy starts is known as the ‘pre-tenancy period’. During this period, you or your letting agent can ask the tenant to pay some rent before they move in.
If your tenant will be paying rent monthly, the maximum amount you can usually ask for is one month’s rent.
If they will not be paying rent monthly, the maximum amount you can usually ask for is 28 days’ rent.
"
Source: GOV.UK Assured periodic tenancies: a guide for landlords: Rent in advance and deposits - GOV.UK
@Harvinder
So call and record the conversation (for your own records - exactly like taking notes it’s perfectly legal) then follow up by sending a note of what was said by email, OR message, whatsapp and post. If they dont pick up leave a voice message. Call at their work daily.(on first call check they do work.there in case OR referencing failed to do that)
If you are looking at breaking the contract you should be making every possible effort to make contact with the tenants and to document it, especially as you are going to cause them a lot of harm - they may be homeless as a result, have to pay for emergency accomosation etc. They will rightly say its not their fault if you didnt make clear you wanted the 1st month rend and deposit earlier than now when agreeing the deal.
Good luck
Thanks David,
I first contacted them about it beginning of last week and they said they’d pay by Thursday. Since then it’s been total radio silence from them. I’ve tried calling their personal number but I’ll take your advice about calling their workplace tomorrow. Thanks for the help!
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Thanks for that! That’s a relief.
You don’t break the contract until they break the contract. That’s to say, you chase the deposit and rent make it clear you want it before the start date and you don’t hand over the keys until you have it. You get RPI now if you really can – that means checking you comply with the policy wording carefully for yourself.
Well it’s been a bank holiday. You may be over anxious about this – I wouldn’t be surprised to learn that it will all sort itself out very nicely.
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Thanks all, we’ve agreed to a surrender so good news all round!
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Tjats a good outcome. Just so that you’re aware, you dont need a deed of surrender as ghe tenancy hasn’t begun. You just need something g in writing signed by both of you agreeing to cancel the contract and declare that nothing is owed by either party to the other.
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