New Lease and rent date

verywell

Hi. I just noticed that my new lease is stating that I moved in a week earlier (the date of deposit) and wants the rent dated that date. However I only took ownership of the keys and paid my first months rent a week later.

Where do I stand? Surely you only pay rent from the day you take the keys??

Thanks

D3PO

depends if you signed the lease with that date on it or not.

if you did you are kinda screwed. You should only really have to pay since you got the keys but if you signed that was the commencement date you have no point to argue as you signed essentially saying you were renting form that date.

murphaph

You pay rent from the date in the signed lease. It may be that the LL didn't intend to commence the tenancy until you got the keys and he may then simply allow you to pay a reduced amount but that's something you'll have to discuss with him/her.

verywell

I signed the lease on the date that I paid the rent and got the keys. A whole week later than the deposit was paid.

Does that make a difference?

D3PO

not really. the date on the lease is what matters unfortunate.

it may be an oversight their end, or it may be a case they don't expect you to pay for that week, but on the chance that it was them being sly unfortunately you are going to be at the loss im afraid.

djimi

You are, of course, entitled to question what you see to be an oversight in the lease and see what the landlord says. It might be an error on their part, but if its not then a quick conversation with them will let you know quickly enough! Talk to them first, then decide on a plan of action.

For what its worth, as far as Im concerned the tenancy starts when you get the keys and pay your first months rent. As it stands, the landlord is expecting you to pay for a week in which you did not have access to the property.

Gasherbraun

A simplified view -

Two seperate entities - a lease and a tenancy. The tenancy commences when rent is exchanged for accommodation typically money for keys. A tenancy can exist in the absence of a lease, and often does, whilst a lease cannot be enforced in the absence of a tenancy.....the thing that the lease is written to govern does not exist legally.

This is probably an oversight and a reasonable landlord should correct the date issue rather than have a new tenancy start off with ill feeling.

verywell

I feel the LL or agent is being crafty as I pointed it out to agents already and when I was signing the lease I put a strike through the date of rent and entered the date I paid first rent and got the keys of hse. but today I got a letter with the original early deposit date as the next rent date due

I am fuming really cos that's a whole weeks rent money when I didn't even have access to the house.

I just don't get it?!

An Ri rua

verywell wrote: »

I feel the LL or agent is being crafty as I pointed it out to agents already and when I was signing the lease I put a strike through the date of rent and entered the date I paid first rent and got the keys of hse. but today I got a letter with the original early deposit date as the next rent date due

I am fuming really cos that's a whole weeks rent money when I didn't even have access to the house.

I just don't get it?!

That letter has no bearing. Only the lease stands. If they also co-signed what you crossed out, then that stands.

ps was there someone else occupying the property in this 'gap' week? Was it vacant? Or was the delay in taking up occupancy at your end? Rental should only commence from an agreed date and it definitely does imply the date on when you get the keys and access to the property. I would do as others have suggested. Ask them directly.

But I think I'm correct that what you and they signed on the lease (you have a double-signed copy don't you?) is all that matters. Not any letter since. That's just what they'd like, not what they're due.

verywell

An Ri rua wrote: »

That letter has no bearing. Only the lease stands. If they also co-signed what you crossed out, then that stands.

ps was there someone else occupying the property in this 'gap' week? Was it vacant? Or was the delay in taking up occupancy at your end? Rental should only commence from an agreed date and it definitely does imply the date on when you get the keys and access to the property. I would do as others have suggested. Ask them directly.

But I think I'm correct that what you and they signed on the lease (you have a double-signed copy don't you?) is all that matters. Not any letter since. That's just what they'd like, not what they're due.

No. there was no one in the property that gap week. The LL dated the lease on 17th and I did not move or pay orent or take ownership of keys until 24th. I signed and dated my signature on the lease as the 24th.

I will call them and see what agent says. Am not too impressed with this kind of carry on. All I want is a quiet life!

verywell

I spoke with Threshold and they said that as there was no formal moving in date agreed that it is a strange one :rolleyes:

They advised to write a letter to agent and spell out the dates and that there was no verbal or written agreement to take house on the earlier date.

I bet the agent told the LL that date and that must be why the LL thinks I took over the house on that date. It is the only thing I think that would make sense.

fingers crossed cos an extra weeks rent is a lot of money

murphaph

If you struck the old date out and entered the correct moving in date and both parties signed this then that is the legal agreement that is in place. Anything else is bullsh!t from the other party or their representatives and you simply don't have to pay rent for a period before the tenancy began (both in word and deed). I presume BOTH your signed copy and their signed copy have the amendment?

verywell

The LL wasn't there when I signed the lease but the agents secretary was and she signed it

murphaph

Are both copies amended and signed?

verywell

murphaph wrote: »

Are both copies amended and signed?

I took a photocopy of it.

murphaph

Was the amendment itself or the page it's on signed or initialed?