UK Landlord Forum / Life

Hallo, after much anxiety and searching I have found this fab forum; really hoping you can help.

A new tenant for my student property signed an AST agreement in April for accom starting 1/9/15; she has paid the deposit (eventually, after much chasing) and has not yet moved in, but in a series of emails is now disputing contractual terms. For example, the contract states start date of Sept 1 and that rent due is each month in advance. When asked when she planned to  arrive she emailed saying she planned to move in in mid Sept and also said she may not be able to pay her first instalment until after 21 Oct as her student loan would not be in till then.

I referred back to the agreement terms to clarify the expectation and outlined that she would need to pay the month's rent each month, giving examples of the dates it would be due in Sept, Oct etc. She replied that she did not know how much money she had in her bank account but said that she may be able to pay the first instalment on Sep 1.

She has now emailed saying she thinks it 'silly' that she has to pay first instalment on Sept 1 as she is not  moving in till mid-Sept.

With each email I have kept referring to the agreement terms. I eventually suggested that if she cannot meet the commitment perhaps she should seek altern accom + offered to refund her deposit.

She has now replied saying she has not got any alternative accom lined up and therefore she will live in the house.

The tenant does not seem to understand or respect the terms she has signed up for. I am keen to end the agreement if possible and would like to return her deposit now rather than handing over keys. So my question is whether I am able to terminate contract if the tenant not yet moved in?

A further fact here may or may not be relevant, but when I checked the agreement again it appears only the tenant has signed; I had not yet given her a signed copy with my signature on it .

I saw a similar post on this forum recently where someone was asking if they could change their mind on an agreement before handing over keys; any advice on this or suggestions would be very much appreciated. Thanks

Maybe it's her first time and she just needs 'educating' as to what is expected of her? Now you seem to have done that, with - "I eventually suggested that if she cannot meet the commitment perhaps she should seek altern accom + offered to refund her deposit. She has now replied saying she has not got any alternative accom lined up and therefore she will live in the house." - is there a real problem?

Hallo! Thanks very much for your reply. It feels better already being able to talk about this.
Yes the problem as I see it is that although she has signed the agreement she is not showing any signs of intending to honour it so I am feeling reluctant to hand over the keys.
Once she is in the house it will be much harder to evict her if she continues to disregard the agreement.
I would much rather return the deposit and say goodbye to her and be free to fill the vacancy.
I feel in a stronger position now while I have not signed the agreement and while she does not have possession and I have not yet accepted any rent, but am unclear as to the legal position of both parties at this point.

I'd try to think morally rather than legally. Is it morally the right thing to do to agree a tenancy and then pull the rug out from under her feet when the time is fast approaching when she might not be able to rent somewhere for the upcoming education year? Yes, I can understand you feel exposed and you would rather not have the hassle that seems to accompany her... but it might all work out fine too. Do you go and meet the student Tenants when they turn-up for move-in day? If so there is your perfect opportunity to impress upon her your expectations... just prior to handing over the keys, right?

I think you are right.

Send her her deposit back, and tell her to jog on.

If she does dick you around, you will forever be thinking, I KNEW THIS AND DID NOTHING!!!

Sounds like a child who gets her own way allot...I think you should really think yourself lucky she showed her true colors so early.

Quote from: boboff on July 23, 2015, 08:04:39 AM
I think you are right.

Send her her deposit back, and tell her to jog on.

If she does dick you around, you will forever be thinking, I KNEW THIS AND DID NOTHING!!!

Sounds like a child who gets her own way allot...I think you should really think yourself lucky she showed her true colors so early.

Agreed.