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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

A (the letting agents) BU?

48 replies

HairsprayBabe · 17/01/2018 13:27

Moving to a new City an hour away from my current one on the 3rd of Jan.

Chosen a nice little place, paid fees and deposit everything so far has gone ok.

The property currently has a tenant moving out on the 31st.

Letting agent are refusing to let me go in early (the 24th) and sign the contract, with a view to getting keys and moving on the 3rd - sending a local friend to pick up keys on the 2nd.

Letting agency is not open evenings or weekends so I cannot go outside of work.

I work full time and have no leave I can take, but I do have a meeting on the 24th in the City so would be able to sign early with a contract dated for the 2nd.

Letting agent is making out that my proposal is illegal and I cannot possibly sign a contract in advance, or give the keys to another named individual, the earliest is the 2nd for contract and keys.

I disagree and after some rampant googling I cannot find anything to suggest that my way is illegal.

I cannot just cut and run and go with a new landlord because this move has used up all of my current savings and I have a new job starting on the 4th.

What can I do? Please help!

OP posts:
Angrybird345 · 17/01/2018 13:37

Of course you can sign a contract ahead of time .... people buying houses have to do this. Not illegal. Agents are divs.

But, understand the key business .... too Mach risk in giving it to a third party. You collect on day of moving in, like house buyers.

jay55 · 17/01/2018 13:43

They would have an issue if the tenants due to leave didn’t.

Though I signed my last rental contract a week or so in advance and arranged to collect the keys from a branch that had late opening hours.

CotswoldStrife · 17/01/2018 13:49

No way should they hand the keys over when the previous tenancy is in force! They may not even have the keys if the tenants are still resident!

I don't see why you can't sign the contract early but they are right about the keys and I'd be doubtful about them handing the keys over to anyone but you as well. That seems reasonable, tbh.

CuriousaboutSamphire · 17/01/2018 13:51

As jay said, if the current tenant did not leave for some reason then there would be an issue.

They may have been bitten before. And you can bet they won't be giving keys to anyone else, they have a legal responsibility to be sure that the person they rent to has a right to rent, is the person they purport to be!

A lettings agency that is not open on Saturday mornings sounds odd though!

I hope you find a solution!

Original poster
HairsprayBabe · 17/01/2018 13:51

I am not planning on getting the keys collected until the 2nd - after the current tenant has left.

But I cannot collect them on the 3rd as that is a Saturday.

OP posts:
Tsundoku · 17/01/2018 13:51

We moved back to the UK from overseas, and we signed the letting contract in advance, and authorised a friend to pick up the keys at the start of the tenancy period. The letting agent just required us to give written permission for the keys to be handed over. We were arriving on a long-haul flight with pets and there was no way I wanted to stress about getting delayed arriving when the letting agency was shut.

It sounds like your agent is being less than helpful. Having said that, the last time we moved rentals, the agency were very keen to delay the contract-signing to the last possible moment. Has something changed? It's crap, because obviously you're not secure until the contract has been signed, but you've already given notice on your current place and booked removals.

CuriousaboutSamphire · 17/01/2018 13:53

Yes... part of the laws around renting have changed recently. It all got a bit complicated with Right to Rent!

Yukbuck · 17/01/2018 13:54

I don't see that you have any choice other than taking a day off unpaid if they won't budge on their rule?

Original poster
HairsprayBabe · 17/01/2018 13:56

I can't afford to take a days unpaid leave, then get the train to this city and back on top of moving.

OP posts:
RB68 · 17/01/2018 13:58

Of course you can sign in advance, they just need to ensure that no right of access is given until old lease (for prev tennants) expired. Regarding keys of course someone else can collect them BUT they need to make sure they have the right to do that e.g. acting in your stead - see if they will take a letter from you with a copy of ID e.g. passport or DL for the individual. Failing all else set up a short term Power of attorney then they can sign for you too.

Yukbuck · 17/01/2018 13:58

I do get your frustration. I moved to a city 2 hours away and was super skint. Used all my savings and was in my graduate overdraft but they don't make it easy and honestly if the renting market is anywhere near like the one in my city then they'll literally not care and will just find someone else to move in so easily. So you'll need to find a way to make it up there. I do sympathise though.

HermionesRightHook · 17/01/2018 13:58

They are bu about the contract, that's total bollocks - our current agency does everything online weeks ahead of the move in date.

But the keys... That's a bit more difficult. Why they can't allow you to authorise someone I don't know, but it's hard to know the minds of these people.

Bluelady · 17/01/2018 14:02

They're being obstructive just because they can. I hate letting agents with a passion.

Original poster
HairsprayBabe · 17/01/2018 14:05

That is how it feels Blue I don't really know what else I can do!

I would happily sign over POA to a local friend to fetch the keys but I don't know how to convince the agents it's fine.

I will definitely be complaining once I am safely in my flat though!!!!

OP posts:
specialsubject · 17/01/2018 14:06

You can't have the keys until the current tenancy has ended. Only the current tenant can do that, by leaving. If they don't leave, then eviction measures need to be taken, could take months.

Sorry, but that's tenant rights and there is nothing else the agent can do.

Original poster
HairsprayBabe · 17/01/2018 14:08

Have you read the OP special?

I am not proposing getting the keys until the 3rd.

Current tenant moves out on the 31st.

All I want to do is sign the agreement dated for the 2nd on the 24th and then have someone else collect the keys on the 2nd.

OP posts:
TenancyTroublesAgain · 17/01/2018 14:10

@specialsubject The OP has said numerous times that they don't intend to collect the keys until AFTER their tenancy has ended.

RhiannonOHara · 17/01/2018 14:10

No way should they hand the keys over when the previous tenancy is in force!

You can't have the keys until the current tenancy has ended

Am I misunderstanding? As I read it, the OP doesn't want to get the keys until the current tenancy has ended –it ends on the 31st (of Jan I assume) and she wants someone to pick the keys up for her on the 2nd (of Feb I assume).

RhiannonOHara · 17/01/2018 14:11

Oh, x-posts!

Notevilstepmother · 17/01/2018 14:11

As special says, the tenant needs to to actually, physically leave the building.

Notevilstepmother · 17/01/2018 14:13

If the tenants don’t actually leave on the 31st then it’s a complicated mess. Just because they are supposed to or intending to leave doesn’t mean it can be assumed to be a certainty. It’s the signing that needs to wait until they are actually out not just keys.

Shamoo · 17/01/2018 14:14

People clearly can’t read.
On the contract the agents are wrong - loads of agencies do it like this, both sides often sign weeks in advance. It may be that they or the LL are nervous about the risk of the current tenants leaving, but legally there is no issue with your proposal.
I also see no issue with somebody else picking the keys up - they may need to go and do an inventory too, but you could authorise a third party to do this for you (in writing).

Bluelady · 17/01/2018 14:17

Can.i suggest that if they can't or won't allow you to sign in advance they need to meet you at the property on the 3rd so you can sign and they can hand the keys over? If they don't work weekends (which is ridiculous) they need to make an exception on this occasion.

wowfudge · 17/01/2018 14:18

They are being daft over you signing the tenancy agreement in advance - even if the current tenant doesn't move out when they should, without the landlord or his agent also signing, there isn't an agreement in place. Perhaps you need to make it clear to them that you understand this to be the case?

As for the keys, then ask them what they suggest - they don't want to hand the keys to someone who isn't you and then moves into the place. Have you used all your holiday in your current job? Could you take a half day or go in early and leave early instead? Or how about asking the letting agent if they can speak with the landlord and get the landlord to meet you at the property?

lalalalyra · 17/01/2018 14:18

Sounds like they are nervous about the current tenants not leaving. If you sign and then you can't have access because the tenants are still in situ then the LL may have a responsibility to house you whereas currently you have no rights to the place and they could just give your your deposit back and say "sorry, no longer available".