UK Landlord Forum / Life

Myself and 2 friends are all students. Last year we viewed and agreed to take a flat for next academic year. We paid a deposit etc. The agent said the property was available from 1st July 2024, they wanted references and guarantors which had to be processed through an agency. This took weeks as the agency was really slow at responding. Obviously they would not let  us move in until this was done.
Eventually we got the keys on 28th August.
We did not get a copy of the tenancy agreement until we asked today, it was dated from 1st July and the landlord is expecting us to pay the utility bills from then. We did not move in until 28th August.
The signing of the tenancy was done electronically back in November when we agreed to take the property.
Is this legal?
How can we be expected to pay rent/bills for a place we had no access to!!

When did you start paying rent?

We paid a first months rent and security deposit in June I think ?
But we weren't asked for rent 1st August
And we weren't given a copy of the tenancy agreement until I asked for it last week.
Is it legal to start a tenancy, expect the tenants to pay rent but with hold the keys for 2 months due to waiting for guarantor references?

The landlord can't have it both ways. Either the contract began on 1st July and the landlord was in breach between 1st July and 28th August, or the contract has the wrong start date.

I'd ask the agent which it is.

Quote from: Fat Bob on September 07, 2024, 11:11:32 PMThe agent said the property was available from 1st July 2024, they wanted references and guarantors which had to be processed through an agency. This took weeks as the agency was really slow at responding. Obviously they would not let  us move in until this was done.

Generally, the Agent/Landlord has 15 days to process a reference - assuming they were provided with all the required information at the outset.

So, you should have been asked to send all the documents/info to the agent no later than (say) June 15th (including those of any guarantor) - did you?

If you did and they took longer than the 15 days you had a right to withdraw from the Tenancy Contract without any financial loss.

Because you needed the property you probably would not have done that.

If you did take a laid-back approach and simply waited until the referencing was completed, you should have gained possession on that date and paid rent/utilities FROM that date.

It does sound a little odd that your Tenancy keys were handed over just a few days before the new term starts though - are you sure you didn't do anything to delay things to reach that convenient date?

References were being obtained through Canopy. They took ages to respond. But here's the thing, surly the agent has an obligation to obtain references BEFORE the agreement is signed? How do they know we are eligible. They got us to sign the agreement back in Nov 2023 after the viewing. Is just wrong.

No, the agency has no obligation to obtain references before anything is signed. It's stupid not to, but that's all.

You need to focus on facts and actions not express outrage. Ask the agency if the contract began on 1st July and, consequently, the landlord was in breach between 1st July and 28th August, or the contract has the wrong start date? Because only one of those things can be true.

You should definitely reach out to the agent or landlord and explain the situation. Make it clear that you didn't move in until August. If they're not willing to help, check into your rights as tenants—you might have some options to address this.