New AST Tennants - delay to move in date

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  • Stew
    replied
    Thank you very much for your comments that is very useful. I would not sue anyone, or try and keep any of the money that I was given, I would return that right away if they did not move in on the date. I was only worried that I could be held in limbo for months if the tenant had the ability to change the date on the AST and following this pay and force a different move in date which in theory if I did not re-reference them would make the remainder of my RGI policy invalid, given the current climate I wanted to keep as much protection as possible.

    All the best

    Stew

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  • jpkeates
    replied
    Unless you agreed a different date, the holding deposit will have to be returned to the tenant after 15 days.

    a) If the tenant signs the contract but doesn't move in, the contract is in effect, but the tenancy hasn't begun.
    The tenants owe the money as per the contract (technically they don't "owe" the deposit).
    You could sue the tenants for the rent they don't pay, provided that you make every attempt to remarket the property and release the tenant from the contract as early as possible.

    You have no obligation to change the dates on the AST.
    You should confirm in writing that you haven't received the deposit.

    b)Exactly as above, except you need to protect the deposit and they don't owe you the first month's rent.

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  • Stew
    started a topic New AST Tennants - delay to move in date

    New AST Tennants - delay to move in date

    Hi everyone first post here , would really appreciate some advice please

    Have accepted 1 weeks reservation fee (before the restrictions) and the place to be rented is empty

    If we now both sign the contract with the agreed move in date what happens if

    a) The tenants don't pay the deposit and the months rent in advance of the contract start date (I assume then I'm under no obligation to release the keys) and therefore don't move in to the property and ask to push out the moving-in date due to any number of things, i.e. further restrictions / self isolation / moving help being ill etc - to take this a step further, they then later pay this money 2 or 3 weeks later and ask for the AST to updated to reflect the date they want.

    b) The tenants pay both the deposit and the months rent in advance of the contact start date and refuse to take the keys on the move in date and ask to push out the moving in date due to reasons as above and again ask to re-align the AST?

    In both of the above what are my obligations to the tenants to change the AST dates or does the AST and my obligations only become valid subject to the tenant moving in on the agreed date (even though they may have paid) ?

    (edit) should have added, the insurance I have for the RGI mandates that the tenancy start is within 'x' number of days of the referencing, we are already close to that date as the tenants did not want to be paying for two properties at the same time but had a long notice period at there current place, but if it moves much further I will have to re-reference.

    All the best

    Stew


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