Tenancy agreement in advance - backtracking on what they said

[Rentingstress]

We are moving to a new area and applying for new school places. We won't be moving until the summer holidays but the school applications for September are being processed now. The council has stipulated they need a full tenancy agreement in the area to process the school application. As we are moving in the summer I checked thoroughly with every Letting Agent as to whether they could provide the tenancy agreement before moving in. Some said yes, others said no so only viewed those that said yes.

We found a house we liked and before paying a deposit they confirmed both verbally and in writing that a tenancy agreement could be provided after references were completed and approved. References have now been approved and Letting Agent has now backtracked saying they can't provide tenancy agreement in advance as this is a legally binding contract and can only be issued when we move in which will be in the middle of the school holidays when the council school applications office will be closed. I'm really annoyed they have backtracked since I have written confirmation that they agreed. We have paid a deposit but not rent although I said I was happy to pay rent in advance if it means getting the contract. However, I am annoyed that they reassured me so much about being able to get the contract in advance and have now changed their tune.

Since I have written confirmation that they said they could provide the contract in advance can I do anything about this legally? Can I insist that the contract is provided or insist on them refunding my deposit? I was given false information. The consequence is that without a tenancy agreement our current address will be used for the school admissions and we will most likely be allocated a school miles away from where we will be living and probably on the other side of the county, as that is closest to our current address.

Even if they'd provided you with a tenancy, it would have specified a date ahead, not that it had already started.

If the school is asking for evidence of address, it must be very popular to the point of people moving there just to gain a place, I doubt they would accept a rental agreement in anticipation that you could cancel after the place is offered or only use for 6 months.

I doubt they would accept a rental agreement in anticipation that you could cancel after the place is offered or only use for 6 months.

Yes the council have confirmed repeatedly they will accept a tenancy agreement showing a length of 12 months or more. I'm not sure why many people have this negative view that people only move to a certain area to secure a school place and then leave. I'm sure this does happen occasionally which is why they need us show a contract with at least 12 months. Also for people living at an address they only need to show proof of address (council tax bill etc). What's to stop these people moving out after a month?

My original question related to the estate agents though and backtracking on what they said which is the main reason I paid a deposit with them.

Probably nothing much you can do with the Estate Agents, however, they are wrong that you can't enter into a tenancy for a specified period in advance. The tenancy simply has to have the dates from which it is to start included as the term. Just go back to the agents and say that you know that a legally enforceable tenancy agreement can be entered into in advance and that you'd like to do that now and pay the deposit as security with the agreed commencement date. Perhaps suggest they or the landlord could get legal confirmation of this if they are not sure.

Thank you @redastherose, this is so helpful and I will get back to them.

@redastherose not strictly correct. A tenancy does not start until the 'tenant' has moved in. A tenancy 'agreement' can be entered into in advance, but it is only a contract until the prospective tenant moves in, it then becomes a tenancy.