Free period and tenancy dates

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    Free period and tenancy dates

    I have a flat where the tenants were due to move in 17th April. Due to everything happening we have just agreed with the landlord that they can take up occupation this Friday (27th) and have the period until the 17th April free (they will pay the deposit).

    All of our processes can be done remotely (tenancy signing, etc.) and the only part of the transaction we normally do in person is the viewing and handing over the keys. We can arrange to leave the keys in a lockbox outside the property.

    But how should I word the tenancy? We want it to start on the 24th March, but the rent to not be due until the 17th April (and then due on the 17th of every month going forward).

    Any suggestions?

    #2
    Someone will have to check the smoke alarms on the 1st day of the tenancy regardless.

    I would (personally) start the tenancy agreement and tenancy on the 17th and ignore the interim period.
    If no rent is due, there's no tenancy anyway.
    You protect the deposit when you receive it, and it's just a few days in advance.

    If something goes catastrophically wrong, there'll be a mess.
    But I can't see any other way of doing this that isn't potentially any less messy in the event of it all going wrong.
    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


      #3
      Originally posted by jpkeates View Post
      Someone will have to check the smoke alarms on the 1st day of the tenancy regardless.
      Why can't the tenant?

      Comment


        #4
        Originally posted by jpkeates View Post
        I would (personally) start the tenancy agreement and tenancy on the 17th and ignore the interim period.
        If no rent is due, there's no tenancy anyway.
        You protect the deposit when you receive it, and it's just a few days in advance.

        If something goes catastrophically wrong, there'll be a mess.
        But I can't see any other way of doing this that isn't potentially any less messy in the event of it all going wrong.
        Thanks, to throw another spanner in the works they now want to pay a month and 15 days on 17th April to take their rent due date to the 1st June. Landlord's happy, but wording it is tricky.


        Originally posted by jpkeates View Post
        Someone will have to check the smoke alarms on the 1st day of the tenancy regardless.
        Thanks. I have to go and put the keys in the lockbox anyway, so I can test the smoke alarm.

        We've postponed routine inspections for the time being (where we would normally test the smoke alarms) and instead have replaced them with a video call via Zoom (or other video calling app if they don't have it). We're getting the tenant to tell us whether they have any essential maintenance and to show us the smoke alarm working. We can then keep a recording of the video for future reference.

        I've no idea how well this will protect us in the event of a catastrophe, but it's the best we can do given the circumstances and David Cox (ARLA chief) seemed to think it was a good reasonable step in a webinar he did this morning.

        Comment


          #5
          Originally posted by boletus View Post
          Why can't the tenant?
          I think in theory they can, it has to be "by or on behalf of the landlord".

          But I think you'd need some kind of evidence that it had been done if the tenant did it.

          It's one of those things that are never prosecuted, so it's only likely to be an issue if the tenant is the cause of the landlord being in court or has become ablaze for some reason.

          I don't think anyone checks the alarms on the 1st day of the tenancy, almost no one even knows you're meant to.

          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


            #6
            Originally posted by jpkeates View Post
            I think in theory they can, it has to be "by or on behalf of the landlord".

            But I think you'd need some kind of evidence that it had been done if the tenant did it.
            Yes, it would need to be a cooperative tenant. But then, wouldn't take them on if they weren't.

            Not meaning to be picky, just don't think the obstacles to setting up a tenancy remotely are unsurmountable.
            I don't think anyone checks the alarms on the 1st day of the tenancy, almost no one even knows you're meant to.
            I've always done it, thought it was industry standard practice.

            Comment


              #7
              Originally posted by boletus View Post
              I've always done it, thought it was industry standard practice.
              Good to know (maybe I'm just wrong).
              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
                I've always tested the fire alarms on check-in day, in the presence of the new tenant. I then get they to sign and date a declaration confirming the smoke alarm is working.

                Comment


                  #9
                  Originally posted by Claymore View Post
                  I've always tested the fire alarms on check-in day, in the presence of the new tenant. I then get they to sign and date a declaration confirming the smoke alarm is working.
                  Me too. It's signed for on the inventory, the signed declaration and the tenancy agreement addendum. Possibly on the check in video too.

                  It's a natural part of the flow on a handover.


                  Edit:
                  And possibly evidenced by the sparky if the alarms were near sell by date and needed changing.

                  Comment


                    #10
                    OP are you realy an 'Agent'? any training, as your training appears lacking.

                    Comment


                      #11
                      Originally posted by mariner View Post
                      OP are you realy an 'Agent'? any training, as your training appears lacking.
                      Please expand.

                      Comment


                        #12
                        Your screen name is 'Hants Agent' so have you done any training?

                        Comment


                          #13
                          checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.
                          On day the tenancy begins. You can check it in the morning for them to move in later in the day.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            Originally posted by mariner
                            Your screen name is 'Hants Agent' so have you done any training?
                            I meant expand on why you think my training is lacking, which I thought was quite obvious.

                            If you must know, nearly 20 years in the industry (my whole adult life) and I’m a Fellow of ARLA which required me to pass the level 4 qualification (previously the Diploma in Residential Lettings and Management, now called something different).

                            I don’t profess to know everything, hence sometimes asking questions from people who might be more knowledgeable.

                            Comment


                              #15
                              Originally posted by HantsAgent View Post
                              I don’t profess to know everything, hence sometimes asking questions from people who might be more knowledgeable.
                              SIgn of a proper professional in my view.
                              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

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