Public sector: Secure tenancy

  • Filter
  • Time
  • Show
Clear All
new posts

  • Public sector: Secure tenancy

    If someone signs a tenancy agreement & takes away the keys and test certificates and signs to move into the property on the tenancy date

    But comes back and says she doesn't want the flat before the tenancy date on the agreement can she just cancel the agreement?

    Or is there a secure tenancy and should she give notice?

    I have a strong opinion on this but my colleagues disagree

  • #2
    I have seen flats trashed (all windows smashed, all doors gone, and holes in walls ect) before the start of a tenancy, so just because the tenancy start date is not yet passed, does not mean that you have not moved in/caused damage.

    In addition public housing bodies have strict criteria to meet when letting houses, and while you may imagine that it should be possible to treat it as a single void; because the tenancy has started you have to treat it as a seperate void, which means that a totally new selection process has to be undertaken, depending on the lettings policy this may take several weeks, with no ability to speed this up (hence why the notice period is required)


    • #3
      I don't know if the poster has given full enough information here, but to give the keys to anyone on the signature of a lease rather than the day on which they are due to move in, is a bit foolish is it not?

      There could be a case for the lease beginning on the day the keys were given to the prospective tenant as she could have taken possession perhaps? If she had moved in that would have determined the commencement date no matter what the lease stated. I feel the matter has been handled badly from a professional point of view so you ought to back down!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      • #4
        Thanks for your replies

        That's just what happened to me

        I let the flat & set a tenancy date. Arranged to remove the security door etc
        Then the tenant turned up & gave back the keys to my colleague. Who accepted them because the tenancy date hadn't passed. Now the flat has been trashed & windows broken. We are going to spend £100s repairing it. I think they should have given notice & a new void started. However they are back on the 'waiting list' with the same number of points as before.

        After all once they had signed the tenancy we could only have taken it back by getting a possession order in court if they didn't want to give it up.

        I know the tenancy would be void if they didn't move in BTW

        Paul it is standard pratice to set a tenancy date in the future in my authority. In fact we always do it. When the tenants signs the agreement they agree to 'take up occupation by the date of the tenancy'. It had never occurred to me that this is wrong. I don't think it would be practical to give all keys on tenancy date because we manage 26,000 dwellings & don't have enough officers. About 2,500 lettings a year

        Interesting thank you


        • #5
          There is absolutely nothing wrong in post-dating the start date of a tenancy, but the mere act of releasing keys at the same time as obtaining their signature on the agreement might alter this. Remember it has to be "effective in possession", so the keys are giving the tenant access to the property which in my book is possession as it allows them access. I appreciate as a social landlord you are not issuing an AST but the same rules apply concerning possession.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


          • #6

            We are just allowing vulnerable poor people more time to move in & arrange their affairs: social fund loans, removal, carpets, decorating, gas, electricity etc

            So there would not be a question of challenging their tenancy & they wouldn't argue that we should set an earlier tenancy date

            I agree that in effect all I have to do is give them the keys & tell them they can move in & there would be a secure tenancy

            I think the difference in emphasis is that we are a subsidised service so have more lea way.


            Latest Activity


            • Help re flatsharing legal position!
              Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
              24-07-2017, 13:18 PM
            • Reply to Help re flatsharing legal position!
              I'd find somewhere else and move out.
              Let your friend deal with the problem.

              If your flatmate threatens you or to destroy your goods, report them to the police (call into the station and put it on record - you might get lucky).
              If they actually do any damage, call the police...
              24-07-2017, 14:42 PM
            • Non- protected deposit, and disputes
              Q1 – Where is the rented property located? England

              Q2 – What type of Tenancy Agreement (TA) is this? Multiple tenants (a couple) - one tenancy agreement

              Q3 – What date did current TA start 01/11/2016

              Q4 – How long was initial fixed term 6 months
              24-07-2017, 12:25 PM
            • Reply to Non- protected deposit, and disputes
              If you served a s21 notice, it isn't valid because the deposit wasn't protected.
              You need to "return" the deposit in full to the tenant (or agree to use it in lieu of rent, or agree the damage) before you can serve notice under s21.

              Your tentants can sue you for a penalty...
              24-07-2017, 14:37 PM
            • Reply to Help re flatsharing legal position!
              Many thanks. It is only a verbal agreement (like so many flatsharing agreements are) with two months notice either way and that I would be given certain storage (some of which the Hungarian has nabbed), that I would be able to work from home, get a cleaner and bring items into the flat ie television...
              24-07-2017, 13:56 PM
            • Reply to Help re flatsharing legal position!
              The only thing that matters is your contract. What contract do YOU have (not what Emma has signed with someone else)?
              24-07-2017, 13:43 PM
            • Reply to Non- protected deposit, and disputes
              Unfortunately (I know its not going to be what you want to hear), I suggest you will have to chalk this one up to experience. Without an inventory you are up the proverbial without a paddle I'm afraid. In the grand scheme of things the damage you have described is very slight (bar perhaps the carpet)...
              24-07-2017, 13:04 PM
            • Landlord: When will I get a bailiff date?
              I'm so sorry if this has been asked before, but for some reason I am unable to search the forum as it's not bringing up any results.

              I know the eviction date will vary depending how busy the local courts are. My local court has indicated 6-8 weeks.

              My solicitor submitted a...
              24-07-2017, 12:04 PM
            • Tenant's energy debt.
              I am a landlord of a 2 bed end terrace, the property is owned out right. I am registered Disabled and this was the main reason I decided to rent my property out. As it was not a suitable property for my Disability. I would have to make some major changes that would devalue my property like installing...
              20-07-2017, 22:08 PM
            • Reply to Tenant's energy debt.
              The deemed contract is with the owner or occupier and commences when gas is supplied.

              There's no obvious hierarchy of owner/occupier and, while there are references elsewhere to the owner being liable for things when the property is unoccupied, that isn't reflected in the deemed contract...
              24-07-2017, 11:47 AM