Are they taking the p*** or is this standard practice?

[dysfunctionaltomato]

My DBro is currently waiting for the keys to his new rental property.
He's currently living with my toxic, alcoholic parents and is itching to get out which is why I guess this feels like it's dragging on so much.

His application got accepted at the beginning of September, the property was empty, he has paid the deposit and told them he's ready to move immediately. He was originally supposed to receive the keys week commencing the 19th of September. Then on the day agreed they informed him there was some work that wasn't finished and they moved it to the following week.
Again not much contact from them until DBro chased, they let him know the day before the second agreed date that an an engineer for the boiler didn't turn up and moved it again to last Wednesday the 4th. On the Wednesday he called and they said something else wasn't done and a cleaner was going to be going in, then promised today instead.
He called this morning as he couldn't get through yesterday, aaaaaand you guessed it - it's still not ready, some rubbish needs to be taken away and something else apparently. They now told him middle of next week. So this is the 4th date they've given him.

He sounds really fed up, he has been packed up living out of a suitcase for weeks, he bought everything he needs for the new house this week and has promised people he will be collecting appliances he bought off gumtree etc today as he was going to rent a van. He took the day off work and was going to spend today and this weekend sorting it all before going back to work Monday.
He can't wait to get out of his current living situation and is worried they'll put him off again next week.

AIBU to think they are taking the proverbial or is this standard practice for everything to be delayed like this when renting a property that was already empty prior to viewings?

This sounds concerning to me. I think he needs to be more firm with them. They have his money, and he has not got his promised property 6 weeks later.

Apologies for the mistake with the date I meant last Wednesday the 30th not the 4th.

That's unacceptable. Is this through a letting agent? Has he been given details of the deposit scheme in which his deposit has been held?

This is not normal practice.
I would be highly suspicious of a scam, is it via a known letting agent or private?
I rent mine privately so not all private rentals are dodgy but this doesn’t sound right.

Does he have a signed contract as well as having paid the deposit? This does sound worrying. And is it via a letting agency or privately?

If he has a contract, they are probably in breach of whatever is included in there. How is he paying his first months' rent - is he only due to pay that when he finally gets to move in?

It's very concerning. And also very unusual - landlord hate losing rent while a flat is empty. Has he been past to see if there's all this activity they keep saying is happening?

I will ask, the agency is quite a well known one. I don't know much about them but over the years I've seen lots of rental properties up with them so I wouldn't doubt they're legit.

Definitely sounds like a scam! Is the flat really theirs to let I wonder? Is he supposed to be paying rent during this time as I presume he has signed his tenancy agreement to start from 19th September? Something is clearly not right here... 🤔

I would be expecting my rent back asap

He hasn't signed a contract yet. There were a few people viewing the property on the same day as he saw them. The property was listed at the end of July with information that viewings will be available once current tenants have moved out, DBro was one of the first to call as he liked the location and asked to view when they were out, he was one of the first to view and his application was accepted the next day.

The landlord is private and he's using the EA to manage the property.

Okay, so if it's an agency, that's a good first step. He needs to check his contract - it should have the date in it when he signed it and paid the deposit, so he's way outside of that. I'm not sure how this works but I'd think if they are the reason his move is delayed, they'd be liable for paying for him to stay elsewhere. In the same way that if he was delayed and couldn't move in, I can assure you the landlord wouldn't give a flying F* and would still expect him to start paying from the day they agreed he could move in. So on that basis I'd be sending an email saying this isn't good enough and he now has to stay in a hotel so will be taking the cost off his first month rent. No idea if that's legal, but I'd still be threatening it.

If he has no contract, that's a bit more tricky.

Did he pay a holding deposit or a full deposit?

england.shelter.org.uk/housing_advice/tenancy_deposits/holding_deposits

According to this website, a holding deposit of no more than 1 week's rent, then theoretically the landlord may have decided not to rent it to him. However, it's suppose to have been done with 7 days, as I understand these details.

If he paid a full deposit - usually 4-6 weeks rent - that's probably a different scenario.

As far as I'm aware he has no contract but has paid the deposit to secure it.

It looks like the holding deposit, one week's rent, does not guarantee that he will get the place. The landlord needs to decide within 15 days and stop advertising but after that, can choose to cancel the arrangement with your brother.

"You have 15 days from when you pay a holding deposit to enter into a tenancy agreement. This is called the deadline for agreement.

You can agree a different deadline with the landlord or agent in writing.

If you enter into a tenancy agreement, the landlord can either:

return your holding deposit within 7 days of agreeing the contract
put it towards a tenancy deposit or the first rent payment with your permission
You could lose your holding deposit if you decide not to go ahead, or don't take reasonable steps to agree a tenancy by the deadline.

Once you've signed a tenancy agreement, this will usually be legally binding unless you can end the tenancy early The landlord might be able to keep the holding deposit as part of any agreement to release you from the contract."

So I'd be telling the agency that they need to either commit and sign a contract or ask for the holding deposit back and find a new place.

Definitely not the norm!

My first ever rental flat the agents tried to get us to move in 2 weeks later than had been agreed. But we absolutely couldn’t change it so they backed down. Never had anything like it at any other rental. My current place they were doing some cosmetic work between the last tenant and me moving in, but the dates arranged allowed for that (as they should!).

You normally sign the contracts on the day you get the keys. Doesn't sound normal at all though! Has he had any extra costs from the waiting?

This is dodgy op. It’s not usual to pay a deposit for a property without signing a contract. I’m a landlady and I’ve rented through agency’s. Once the references/credit checks etc are completed, a moving date is given where the keys will be handed over, the tenant than pays the deposit upon signing the contract. I guess he’s at their mercy with no contract to back him up, they may not ever allow him to move in and could end up refunding his deposit (or make him chase them for it). Where is the deposit now btw? As it should have been paid into a scheme within 14 days of him paying it. He could have a bit of leverage here if they’ve not paid it into a scheme

Sounds highly dodgy. Maybe go round and speak to the neighbours, see if any other people have been there wondering about their new flat.

I'm pretty sure it's a holding deposit. It was barely a weeks rent. The property was taken off the market though.

@dysfunctionaltomato

I'm pretty sure it's a holding deposit. It was barely a weeks rent. The property was taken off the market though.

So I'd say that either your brother sucks it up and hopes for the best, or he points out that they're way past the 15 days they have to sign a tenancy agreement after he paid the holding deposit and tell them he wants to back out of the arrangement.

It wouldn't surprise me if they plan to back out anyway and get a higher rent after all this work they're supposedly doing to the property.

Yeah I am a landlord and use an agent, it is common to pay a holding deposit and only actually sign the contract and pay the big deposit a day or so before you move in, or even in the day. I queried my agents not getting the contracts signed further in advance but they said they always work like that and, to be fair to them, we’ve had no problems for the last 3 or 4 changes if tenants.

However, landlords normally want the flat occupied ASAP and it is highly unusual for them to string it out like this. However who k it’s landlord’s financial position. This one possibly has not been told by agent that your DBro is champing at the bit to move and might think he can just faff about. Boiler stuff could need a gas very befriended it’s legal for him to move in. Your DBro needs to threaten to withdraw, or say he is fine to move and have works done while he is living there.

Gas certificate

If its an EA starting with R

Then get him to go to the office and not move till he gets the keys,

Not normal. I am a landlord who uses a small local agency. I had a tenant move out last month and the new tenant moved in the following day!

Btw he was told at the viewing that there was some work to be done that was going to be complete within a couple of weeks or so, he was hoping to be able to move in ASAP but liked the house and location so was fine with it.

They are taking the proverbial. Even if it's just a holding deposit that your brother paid this is not good practice.

Your brother should have had a tenant check done shortly after he paid the holding fee and if that was successful he should have been then given a tenancy agreement to consider/sign so as to lock him/the landlord in.

He should demand to know what's happening with the contract and start date and if he's getting no where demand his holding fee back. Sounds he'll have to find somewhere else.