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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was meant to move into my rented accommodation two weeks

Customer Question

Hi I was meant to move into my rented accommodation two weeks ago but was delay due to work not being completed today I was told I could move in but went into the office to sign tenancy agreement but was told landlord hadn't signed his copy so was unable to move in is this right does the landlord need to sign it before I can move in?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.,
Yes - in terms of making sure you have full rights as a tenant
No - if you are happy just to move in with few rights until it is signed
Until its signed you are a tenant at will and can be asked to move out at any time and have no right to remain
So if you are happy to take the risk, then you can move in
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Would I still need to sign something in the mean time?
Expert:  Ash replied 1 year ago.
Something yes.
Alex
Customer: replied 1 year ago.
So would you advise me to wait until tenancy is signed from landlord as well before I move in then?
Expert:  Ash replied 1 year ago.
I would. Unless they confirm you are ok to move in the interim.
Alex
Customer: replied 1 year ago.
What do you mean?
Expert:  Ash replied 1 year ago.
Ok. If you move in without an agreement you have a risk of being asked to move out. But if the Landlord is going to sign shortly but just hasnt you can move in pending that signature, but risk him changing his mind.
Does that help?
Alex
Customer: replied 1 year ago.
Ok but can landlord add things the lease before he signs it tho if I move in before he's signed it?
Expert:  Ash replied 1 year ago.
Correct.
Alex
Customer: replied 1 year ago.
So if I move in now before he's signed when would I sign the tenancy? And what would happen if he added things into it that I didn't agree with?
Expert:  Ash replied 1 year ago.
If you move in now then you can have a new tenancy when signed which would be for a minimum of 6 months when you sign.
If he wanted to add things then sadly he could ask you to leave. That is the risk.
Does that clarify?
Alex
Customer: replied 1 year ago.
So what would you advise me to do?
Expert:  Ash replied 1 year ago.
Wait until Landlord has signed.
Does that help>?
Alex
Expert:  Thomas Judge replied 1 year ago.
I see what my colleague has written but if I was you I would not move into the property until and unless the landlord has signed his portion of the tenancy agreement - the purpose of the tenancy agreement is to set out your rights and obligations - it sets out the notice and will usually have an inventory attached - you do not have these matters resolved unless and until you have both signed the document. This is the purpose after all of such an agreement. There is no reason as to why it can't be signed very quickly (it does not have to be witnessed). I am happy to deal with any questions - please remember to rate positive.
Customer: replied 1 year ago.
My lettings agent sent the landlord a copy last week and are still waiting to receive it back.
So would I be able to move in with out him signing the tenancy?
Expert:  Thomas Judge replied 1 year ago.
I would advise caution before moving in - get it signed. Better safe than sorry - that said the landlord could delegate authority to the agents to sign the tenancy on his behalf - he could sign it himself and fax/scan it back to them/you. It could be done properly in minutes. I hope this helps. Please rate positive
Customer: replied 1 year ago.
Ok and where do I stand if he takes weeks to do this?
Expert:  Thomas Judge replied 1 year ago.
I would be unclear as to why it should take any extra time. They want you to move in and you want to move in. I would speak to the agents either tonight or first thing and exert some pressure for it to be resolved basically straight away. I hope this helps. Please rate positive
Expert:  Ash replied 1 year ago.
Sorry for the intervention above.
I said get something in writing.
Can I clarify anything else for you?
Alex

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