Wrong Start Date

[CJBJohnston]

The agents have got the start date to our tenancy and the end date to the current tenancy overlapping by a day. I was under the impression that I would have the Sunday, and Monday (took off work) to accept delivery of furniture (unfurnished property) and move in before I go back to work. Now the agent wants to move the start date back by a day, which now means I would not have enough time to move in. Both myself and the landlord have signed the AST (they clearly did not check).

Due to this I will not be able to move in until the next weekend, and I will be paying full rent for that week. The agent has offered me to collect the keys and have the check-in on the Sunday, but they will not have time to professionally clean the property if this happens.

What can I reasonably ask for here, if anything? Move the start date back to the next weekend and start payment then, as they clean and repair any internal damages due to structural movement during the current tenancy? Ask for the first week's rent off?

The agents are trying their hardest to not have to inform the landlord due to embarrassment, and they have informed me that the landlord will reject any possible movement of the start date back by more than one day (to keep no void period).

I want to begin the tenancy on the right foot, as I think that a good landlord / tenant relationship is best for both sides, but the agent is making this difficult.

[Wannadonnadoodah]

They're cutting it fine to 'hot bed' tenants anyway. What internal repairs due to structural movement will be completed in a day?

This 'no void' situation is interesting. What are they going to do, not proceed with you as a tenant and find someone else to fill the void?

You can ask for what you want, the trouble is if you don't get it, what are your options?

[mariner]

Slightly confused, you are changing properties?
So what was the agreed end date/start date for both?
What are the proposed date now for new property?

[CJBJohnston]

Wannadonnadoodah,

The internal repair is a small section of plastering work, and I have been told that all movement has stopped. Not that I have seen a surveyor's report.

Well this is in London, and the rental market is pretty hot at the moment. However, I am paying full asking rent for 2 years, and am relatively low risk (full time working couple with enough in my account to pay the first year's rent).

Thankfully I am not in a chain, and I am not under a current lease, so I do not have a set time period to move in by.

Is the only case I have against the agent, and claim one day rent from them, as they got it wrong?

[CJBJohnston]

mariner,

Moving out of family home.

31/05/2015 for both end and start date.

01/06/2015

[mariner]

Provided you don't accept keys earlier, you could move in the following weekend, after repairs completed and the T should commence on actual possession date, so no lost rent and a bit more work for LA.

[Hippogriff]

Both myself and the landlord have signed the AST (they clearly did not check).

Clearly you did not check too.

[property mongrel]

Clearly you did not check too.

You appear to be taking issue with the incoming T because they do not check the TA that the outgoing T had?

pm

[CJBJohnston]

I did check, and was told the wrong day. Due to data protection they are not allowed to show me the current tenants' signed AST.

The properties' landlord is an Investment Fund, and run by Asset Managers, who I am sure do not have enough time to read every tenancy agreement. I do not think they are to blame. I think it is the agent.

[revelatia]

Given that whether a property is available or not is about the most basic thing a L/LA has to do, it's amazing how often they get it wrong. Personally as a tenant I would be happy to check the LA's workings out on behalf of the L if my L would like to give me a portion of the fees they pay to the LA. OP - since you won't be homeless, I would genuinely consider whether to pull out now on the grounds of the L's breach of contract (property not available on start date/repairs not done); if the LA can't get this right it's going to be a nightmare trying to get anything done for the two years you're there. If you do go ahead try telling them you'll move in the following weekend and since it's their error they will need to compensate the L for the void period. Sympathies though - I'm also in the London rental market and I know the compromises you have to make on service level.

[elniinio]

The agents are trying their hardest to not have to inform the landlord due to embarrassment, and they have informed me that the landlord will reject any possible movement of the start date back by more than one day (to keep no void period).

If the agents have got it wrong, then they need to deal with it. Rather than worry about claiming something from someone, you should insist that they change the tenancy start date to one to suit you (a week later), or you'll find somewhere else. Their embarrassment should not be your problem. It sounds like you can easily stay where you are without any issues, you are in a good position to negotiate.

You should also be prepared for the fact that the current tenants might not actually leave on 31st May.