To think landlord is unfair?

[Justintimeee]

Hi,
Partner and I have seen a flat, been told it had no other offers or interest etc. landlord put the rent down for us. We've put the holding deposit down and started referencing and we advised of a move-in date of the 1st January. Landlord is now saying we have to move in before Christmas.
Can he say this and just take our holding deposit if this doesn't work for us?
It doesn't feel fair, it's a very quick moving date and we have lots planned over Christmas being away, meaning we'd have to move in within the next 10 days!
Do we have any protection here if he decides to take the holding deposit?

With the rental market the way it is just move in asap

You only need to take possession of keys etc, not physically move if it doesn't suit you atm

Is this all down in writing? He can't require anything outside what is formally agreed. Since he's put the rent down for you maybe you could move in as a gesture of good will (or start paying rent then and move in at your leisure). If you can't you'll just have to tell him it's not possible. I don't think he can just change the terms on you if you have a signed rental agreement.

As others have said he wants to sort out the paperwork and ‘move in’ before the holidays. He’s not going to lock you in the new flat once you have the keys.

The only thing I would ask is if he’s expecting rent for the December days I’d guess not but you need to ask. If he is then ask him to waive it.

You advice, but didn’t agree?

as pp states you can sign tenancy etc and take keys on a date earlier in December- then actually move after xmas

@Justintimeee

Did he say why?

Any idea why it hasn't had other applicants? Or why previous tenants left? (Other than odd landlord).

you need to agree a 'move in' date, obviously, but he can waive payment until the date you'd rather physically move in.

He put the rent down for you, and now you don’t want to go ahead ?
I am at at loss
glad you’re no my tenants

I personally wouldn't argue with anyone who lowered the rent tbh. I'd more likely bite their hand off.

But they then have to pay rent for that period they don’t need it for 🤦‍♀️

I would bite his hand off. Perfect opportunity to get the keys and start moving in bit by bit.

I'm not sure i understand. You agreed to start paying rent Jan 1 and now landlord is saying you ahve to start paying Dec 24ish?

We don’t actually know that and presumably neither does the OP

As in, we said we would move on the 1st January. That was the agreement when we put the holding deposit down. The landlord is now saying that we have to move in before Christmas. Can he say that and take our holding deposit anyway if we don't agree?

lol we do want to go ahead but we didn't agree to move before Xmas, we agreed to move 1st Jan

You need to agree to sign the paperwork and pay the rent. You don't physically need to move in.
Does signing early mean you are paying two rents?

You're very, very lucky to have found a rental. Let alone one with lowered rent. Sign the paperwork, take the keys and move in at your leisure.

As others have said- you need to pay an extra week- whether you move before or after Christmas is up to
You

Can you not afford the extra week? What is the issue, is it the extra money? Because you don’t have to move all your stuff in.

I had landlord that tried to do similar. Push back. Use the whole ‘there seems to have been some miscommunication’ and screenshot the 1 Jan date on your application paperwork.

1 Jan is an unusual date to move given that it is a bank holiday and everything is closed. Is that why the landlord is doing this? Ask and if so arrange a rent free period or a new, later move in date.

Does the rent discount equal the same as rent payable from ‘before Christmas date’ to 1 January?

If you want him to hold the flat until January 1st but he’s determined to start the lease earlier, he’s probably going to return your deposit and move on. He may have to wait a few weeks, but it’s likely that he’ll be able to find tenants who can pay the rent that he originally asked for.

Unless you’re not in a hurry to move and are confident that you can find somewhere equivalent for the same price, I’d grab it at the lower rent and pay for an extra couple of weeks in December. You’ll definitely have to pay rent from the start of the lease, but you’ll have it and can move in gradually.

You're willing to lose a reduced rent flat, in today's rental market, over one week's rent?

Tell me you're at the wind-up without telling me you're at the wind-up!

Unless, of course, you've got cold feet about the move entirely?

Edited: Posted too soon.

I’m a landlord. This is sneaky. But you could lose the rental. The market is very difficult atm. How much did he reduce the rent by and how much is the rent a month? Part of me thinks he’s clawing back the reduction by expecting you to move in early.

Alternatively if there’s something else suitable, you could take your deposit back as he’s in breach of contract. The rental market is usually pretty dead from about now until part way through January but may be more buoyant due to reduced the number of rentals currently around.

I still don't understand. Maybe im just thick. Do you have to pay for the week? Do you have to pick up the keys? Will landlord be physically there to make sure your moving van has arrived and all your belongings are in the house?

If it is about paying a weeks rent, then it sucks but will likely be worth it. If its about picking up keys early then just do it. And landlord can't physically force you to live there before Christmas.

What's the problem? Pay the rent, take the keys, maybe move a few bits of furniture in if he actually is insisting you physically move in, then say you're away over Xmas. Then move in properly next year.

@Justintimeee Can you answer the question that a couple have asked?

Does he want you to pay for the December days?