Unfortunately sometimes circumstances change between signing a tenancy agreement and the move in date. If you have a signed tenancy agreement and the landlord says that they can no longer proceed with the tenancy, you have a few options.
See if the Move-In date Can be Amended
The first course of action that we would advise would be to discuss with the landlord if there are any amendments that could be made to allow the tenancy to progress, such as changing the move in date. It is possible to change the contract after it's been signed, up to a day after the contractual move in date. There is a guide on how to do that here.
Surrender the Tenancy
If your tenancy has been set up using Rent Now, the quickest way to get any funds that you have paid into the tenancy back would be a mutual surrender of the tenancy agreement.
Once all parties have signed the tenancy agreement through the OpenRent platform, in order to cancel the process all parties need to sign a tenancy surrender deed and then the landlord would have to cancel the tenancy on their OpenRent account.
We offer a step by step guide on how to complete a tenancy surrender here.
Take Legal Action
The landlord should be aware that by not allowing you to move into the property they are in breach of their contract. You could potentially sue the landlord for breach/non performance of the contract.
If you were to pursue legal action then you would likely seek damages for your reasonable expenses over and above the rent of the current property, for example necessary additional expenditure on temporary accommodation or any additional moving costs.
Please note that we are not legally trained so we can’t offer guidance on the specifics of any case. If you are unsure of your legal rights, or obligations, then we would recommend that you seek independent advice.
You can find further help, advice and support resources here.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.