moving furniture in before official occupation date.

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    moving furniture in before official occupation date.

    Thats it really, would you let tenants move their furniture in, before the official date on the t/a
    they have paid the deposit and the 1st months rent, signed the agreement, and have been offered a free van to use on a date a week before I am to give them the keys

    have been a landlord for years, but this is a new one!
    A. let them move in and change the date on the TA ?
    B. let them move stuff in and take the key back off them ?
    C. say no ?



    #2
    A. Would mean you could charge them rent earlier. So that would be preferable?

    B. causes issues with things like insurance (if there was a burglary, are you going to claim for the suitcase full of rolexes?).

    C. works but puts you down as a mean landlord and gets your relationship of on the wrong foot.

    You also have to think about your check in inventory. It should be done on the day they take possession, so if the goods they leave cause any damage (say they leave foodstuffs that rot and damage carpets), then that needs to be noted on the check in and you are liable to fix.

    Go for A. Or failing that C.

    Comment


      #3
      Start the tenancy early (change the dates and all of you sign the amendment)*.

      Otherwise no.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        I've often given the tenants the keys earlier than the tenancy start date, once the rent and deposit has been paid, inventory and utilities changed.
        What is the downside? (genuine question)

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          #5
          Your actions may be interpreted as granting them a tenancy prior to the signed one, with various rights.. and...

          Probably breaching any mortgage or landlord insurance conditions... (Occupants with no tenancy agreement covering the early access dates.

          As jpk says, either change dates and all sign to include start-access dates or no.

          Council tax? Utility bills?
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Thanks, good points for consideration.

            Originally posted by theartfullodger View Post
            Your actions may be interpreted as granting them a tenancy prior to the signed one, with various rights.
            I'd disagree.

            Probably breaching any mortgage or landlord insurance conditions... (Occupants with no tenancy agreement covering the early access dates.
            It's not breaching any of mine.

            As jpk says, either change dates and all sign to include start-access dates or no.
            Agree that would be the safest course of action.

            Comment


              #7
              Originally posted by boletus View Post
              What is the downside? (genuine question)
              You'd be responsible for the goods and they'd probably not be insured.

              You're giving them a right to occupy - which isn't something that's automatically a bad thing (like a lot of the stuff we end up discussing here, the issues are mostly theoretical). But it might be inconvenient in some (unlikely) situations. One of the tenants dies or is arrested - who's items are which. Or the items include stolen property or something else illegal. You're responsible for them until the tenancy starts. If everyone is sensible about things, all would be well. But it's a question of a tiny risk vs no risk.

              The property is broken into or the tenants claim something is missing when they move in.

              At the biggest stretch, the tenancy could claim that some damage you claim for was done when they moved the stuff in. Which is before the tenancy. But we are now in law essay terratory!

              I'm also sympathetic to the tenants request versus my underlying belief that anything out of the ordinary is better avoided.


              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                well, it would seem that the original tenancy agreement drawn up would have to be surrendered, then issued again with the earlier date put in, so that they legally occupy the house.
                And as the deposit is already with the DPS, then the dates won't tally with the newly issued dates on the T/A

                I think I may write out a disclaimer for any responsibility for any items bought in, give them a time limit to work in, and get the keys handed back after they have finished, (me waiting on the doorstep)

                I have told them that council tax will be paid from the date and also utilities and no foodstuffs, also acknowledge the house 'as is', as i haven't cleaned it yet to the standard I would like,, its not dirty, just dusty
                and hope for the best.

                its move furniture in on the 26th, occupy from the 30th.

                Comment


                  #9
                  I've changed my mind, it's a NO.....they could become squatters!!

                  thank you for your help.

                  Comment


                    #10
                    Technically they can't become squatters if you'd previously given them permission to enter.
                    They'd be trespassers.

                    Which is probably worse from a point of view of getting them evicted, in practice.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      I would allow the day before, but with them wanting a week prior, adjust the date as others have already said.

                      Comment

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