Can I get compensation for delay in moving in date? | The Tenants' Voice
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Can I get compensation for delay in moving in date?

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2637 views 2 replies latest reply: 12 May 2016

Thursday: I viewed a property for renting


I made an offer for the property, which was accepted.
I paid the initial holding/letting agency application fees. The tenancy was to start in 5 weeks later on a Friday as well.
I was given tenancy guide by the letting agent, which I signed and sent via email the same day. The tenancy guide had tenancy start date as 13 May 2016 (subject to contract)
I also filled in the application form and letting agent said that they have sent out reference request on same day.
I provided scanned copy of other documents on the same day, except for one which was provided on Monday.
I gave notice to my current landlord and other utility companies and arranged for moving and professional cleaning.

Friday (2 weeks later): I received tenancy agreement via email for tenancy to start in 3 weeks time. I was asked to pay the initial monies (deposit + one month rent in advance) a minimum of one day before the start of tenancy, which I accepted.

Monday (5 days before start of tenancy): I requested if I can collect keys at end of day Thursday (same day as I pay the initial monies). This was declined. It was mutually agreed that I will sign 2 copies of tenancy agreement at the same time as collecting the keys on Friday (start date of tenancy).

Wednesday (45.5 hours before appointment to collect keys on Friday): I again requested if I can collect keys at end of day Thursday, so that I can easily move things on Friday morning.

Wednesday (45 hours before appointment to collect keys on Friday):
I was told that the current tenant in the property was supposed to move out two days ago (i.e. Monday as per the notice), but has decided to stay until Thursday. Therefore I will now get keys on Monday afternoon.
I was told that I will have to bear any financial loss due to this delay.
I was told that letting agent acknowledges that this delay is not because of my actions and they offer apologies.
I was told that letting agent cannot do anythig to expedite key collection to Monday morning.
I asked will there be any further delay if at the time of checkout inventory, some damage is found and a repair has to be done? So far I have not yet received a reply for it maybe because it was too late in the business day.
I paid the deposit amount.

Please can you advise me on below:
– Should letting agent have told me on Tuesday that the tenant did not move out on Monday as per the notice to the current tenant?
– Is this a breach of contract by the letting agent as there was an intention and in emails we have discussed about tennacy start date of Friday?
– Who will have to bear all the financial losses?
– Has letting agent misleaded me by saying that I will have to bear all financial losses (temporary accommodation, temporary warehouse for my belongings, short notice moving agent costs, etc.) due to this delay?
– Do I get any benefit in my case because I have paid the deposit today?

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Dear Harshit- whilst the letting agent is not to bame here, if you have signed the tenancy agreement they have a responsibility (along with the Landlord) to offer alternate accomodation until you can move in. If the tenancy agreement has not yet been signed, you may still be entitled to this but it will be harder to secure.

As advised, if the tenancy agreement is unsigned then you may find (if you negotiate too hard) that they will simply refund all monies paid and walk away. Until a contract is signed there is no binding agreement in this regard. However, if you HAVE signed and paid they are obliged to provide alternate accommodation paid for from the rent you will be paying (i.e. at no cost to you).

Hope that helps


Based on all email and telephone conversations, there was a clear intent to follow through the tenancy agreement to move-in, occupy and rent the property. Therefore the contract is clearly implied.

Also it was on Tuesday afternoon that an appointment was confirmed for Friday to collect the keys.

It was known that the previous tenants have not vacated on Monday and were not planning to vacate on Tuesday either. There was no legal attempt made (i.e a court order for eviction) on Tuesday and not on Wednesday to evict the tenant staying outside the notice period.

On Wednesday afternoon, it was mentioned to new tenant that there will be a delay.

After the delay was mentioned, the new tenant paid the deposit, which was taken by the letting agent and issued a receipt – against what contract did the letting agent take the deposit?

  • Who is at fault here?
  • Who should bear the consequential financial loses?
  • Is the tenancy secure by the virtue of the fact that the deposit has been paid for?
  • Can new tenants file a dispute with Property Ombudsman even if the new tenant signs the ammended tenancy agreement with the new tenancy start date?

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