Contract not signed, can we delay tenancy start date?

[hart8989]

Hi,

Me and my friends have paid agency fees for a house, but have not paid deposit or first month rent, and have no signed contract. The proposed tenancy start date is the 1st of February.

We paid agency fees last week, my friend had to give a months notice but thought that the month would be up from the date she gives notice. She didn't realise the months notice starts from her next rent. So she is worried about money now as she is having to pay month rent on her current flat (inc council tax etc) and deposit on the new house (which is a months rent) and also first months rent.

We have asked if we can delay our tenancy start date by 2 weeks and pay prorate just so as she's not paying so much ? They have obviously checked with the landlord who has said no. But what are our rights? We haven't signed contract so move in date has not officially been agreed although we verbally agreed on 1st if feb.

[mariner]

You obviously have agreed moving In date with LA(LL). Whilst a T may not commence until occupation by any one, you have a verbal contract with LL for supply/occupy from that date. If you delay occupation LL is entitled to compensation for delay and you will have breached the supply/occupy Contract so LL can withdraw his 'offer to supply' and you may lose the fee paid to the LA. and need for all to find alt accom.
More sensible solution would be for 3 to occupy on agreed date and pay friend's share of rent for 1st month.

You signed a Contract for rental property, so in Law you must be adult, not children.

[theartfullodger]

As you haven't signed contracts of paid rent you can ask start to be delayed: Actually you could if you'd signed & paid. But landlord does not have to agree.

As you haven't paid rent or signed landlord may well wish you good-day & rent to someone else.

Negotiate! Make an offer !

[hart8989]

Well when we viewed the house we said the earliest we could move in would be 2 weeks but she would have to check with her landlord, as my housemate wanted to move out ASAP and didn't mind if there was a 2 week overlap. So we agreed to take the house, and they sent us an email with 'propose tenancy details' and pre-tenancy application form to complete.

We haven't signed a contract yet, and even though we said that would be the earliest we could move in we did say we'd have to check with our current landlord...?

[theartfullodger]

Negotiate with the new landlord: He may or may not do a deal. I don't know if he will, nor do you, ask him! He has the power to agree any change, or refuse any change or reject completely.

Negotiate!

[hart8989]

We asked letting agency if we could move in on the 15th feb and pay half months rent and then start paying monthly from the 1st of March. They said they would check with the landlady, they've come back today saying she said no. Not sure where to go from there - just take what she said or try and negotiate again? Could we potentially lose the money we paid for agency fees?

[hart8989]

we were told by LA that the landlady is quite fussy when choosing her tenants and had turned down several potential tenants before agreeing to let to us.. So surely it will be more hassle to her having to re advertise and look for new tenants than delaying the start date by 2 weeks.

[Hippogriff]

But you are already proving troublesome... the Landlord may decide it's better to cut their losses with you. After all, it'll probably only get worse, right?

I grow tired of people and the small frustrations that they bring to me very quickly. I would turn you out on your backside just for trying to mess me around. I just want an easy life. If you're not giving me that and I don't even know you... less hassle to let you go. A lot of Landlords aren't very tolerant of people messing them around.

[mariner]

You agreed a monthly rent and a start date, stick to it or withdraw.
Yes you will prob lose your Agency fee if you withdraw, they have already expended effort on your behalf.
As for LL hassle, if she turned down several applicants before you, Agency only has to ring them to see if they are still interested, For most rentals it is a LLs market out there, not a Ts, as you will find out.

[elniinio]

If the new landlord isn't prepared to negotiate, then Tell your friend to not pay her last months rent. Much better to secure your new place without any issues with your new landlord. Your friend should still clear the arrears with old landlord, of course, as soon as she can, else risk being sued.

[jpkeates]

The OP's offer makes no sense.
No one wants two weeks rent.
If the tenancy starts on the 15th, that's when it starts, monthly.

Borrow a month's rent.