Overlapping AST problem

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    Overlapping AST problem

    Hi all,

    Last weekend I signed an AST to move into a new house. The contract is due to start from Sat 31st May, with me and my housemates paying the first month's rent by cheque on that day.

    However, on speaking to the current tenants of the house we'll be moving into it seems we have a problem. Their AST runs until 12th June and they have paid rent until then. Understandably they want to stay in the house until then.

    We have spoken to the LL and he says that he is within his rights for this situation to happen. He will be getting two sets of rent cheques for the period 31st May-12th June but we will be unable to move into the property due to it being already occupied.

    Is there anything I can do? Is the AST we signed valid? Is there any way for me to avoid paying two weeks' rent for a house I'll be unable to live in?

    #2
    I hope someone can give you a more structured answer.

    My only response to this once I have gathered my eyebrows from the ceiling and jaw from the floor is "He must be joking!"

    This forum truely is a collection of stories from the utter extremes of the rental market.

    Comment


      #3
      No wonder us landlords get a bad press!!!!!!!!!!!!!!!!
      Mrs Jones
      I am not an expert - my posts are my opinion and should not be taken as fact!!

      Comment


        #4
        Cupid stunt! That's the kind of landlord that gives all landlords a bad name.

        This is not a landlord you want to do business with at all. He's gonna continue to ride roughshod all over your rights - I guarantee it. Count yourself lucky that you found out before moving in.

        The AST is not valid until you start paying rent. Did you pay any kind of deposit?

        I strongly urge you to find somewhere else to live or stay put.

        Comment


          #5
          Yes, we paid a cheque for £1000. However I postdated it for today as that's when I get paid. I was unaware of the situation with the current tenants at the time I wrote it.

          I'm seriously thinking about going elsewhere, but the current tenants (who are friends of mine) say this LL is actually OK and has caused them no problems over the two years they've been with him.

          Anyway, do I have the right to ask him to sign a fresh AST dated the day after the current tenants' AST runs out?

          Comment


            #6
            I suppose there are two ways of looking at this:

            Either,

            (1) The LL is "derogating from grant" by giving you a tenancy and then denying you the very essence of a tenancy (possession).

            or

            (2) The tenancy will begin when you move in to the property (regardless of the paperwork, tenancies of less than 3 years commence in possession) and the tenancy will run from 13th of June.

            In addition, if your LL is in breach of contract, and if you have suffered losses, then he will be liable for any of those losses which were reasonably foreseeable.

            Your landlord is in the wrong.
            Health Warning


            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

            Comment


              #7
              If you're intent on moving in on a date other than the commencement date specified in the signed agreement - I recommend amending the date and initialled by all parties (and any other knock on clauses in the agreement). You don't want the hassle at some future point in time of trying to prove when you took possession. Keep it simple.

              Comment


                #8
                The plot thickens...

                I got a text from the LL this evening informing me that a surveyor needs to look around the property. The only reason that I can think of that he'd need this is if he was remortgaging.

                This reminded me of something the current tenants had told me - that a lot of the LL's post goes to the house they are renting, including letters from his mortgage lender (which I am told have included threats of repossession). This worries me as I sense the vague possibility that the LL is letting the house on a residential rather than BTL mortgage and not telling his lender.

                Is there any way I can get confirmation of the mortgage situation from the LL? Am I just getting worked up about nothing?

                This whole situation is smelling of fish and is really starting to worry me.

                Comment


                  #9
                  Go with your gut and walk away. A surveyor could also mean he is in the process of selling.
                  GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                  Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                  Comment


                    #10
                    Originally posted by agent46 View Post
                    I suppose there are two ways of looking at this:

                    Either,

                    (1) The LL is "derogating from grant" by giving you a tenancy and then denying you the very essence of a tenancy (possession).

                    or

                    (2) The tenancy will begin when you move in to the property (regardless of the paperwork, tenancies of less than 3 years commence in possession) and the tenancy will run from 13th of June.

                    In addition, if your LL is in breach of contract, and if you have suffered losses, then he will be liable for any of those losses which were reasonably foreseeable.

                    Your landlord is in the wrong.
                    I agree with agent46. L cannot let entire property on two simultaneously-operating Agreements. This is tantamount to selling goods twice.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

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