The Law on tenancy.

Former Member

If a landlord signs a tenancy agreement do they have to let you move in? Even if nothing has been paid.

Former Member

It depends on why they're not letting you move in. You're only entitled to possession on the day the tenancy starts and the contract can be "frustrated" if something happens outside the landlord's control. A common exa,ple of this is if the previous tenant doesn't move out when they're supposed to.

If they refuse to give you possession then they're in breach of their contract, although what you can do about it is fairly limited.

Former Member

Hey Shikari,

You don't mention if this is a hypothetical question or something that is an issue at the moment.

If it is an issue now, do you know why the landlord hasn't let the tenant move in?

Former Member

i wouldnt have thought theyd have to if you havent paid your rent in advance.

Is your dad not letting you in?

Former Member

Arctic Roll wrote: »

It depends on why they're not letting you move in. You're only entitled to possession on the day the tenancy starts and the contract can be "frustrated" if something happens outside the landlord's control. A common exa,ple of this is if the previous tenant doesn't move out when they're supposed to.

If they refuse to give you possession then they're in breach of their contract, although what you can do about it is fairly limited.

Well my dad who rents flat, basically signed a tenancy agreement with a friend of mine to move into one of his flats. But put a clause in tenancy agreement saying that the start of the tenancy agreement is only provisional and only becomes 'live', once the council contacts him (landlord) saying that they will pay the 'housing benefit'.

Nothing came to it, and housing benefit never got in touch. So my dad let me and my girlfriend move in, and my friend stayed where he currently lives.

But now I've heard that this guy, is now trying to gain compensation or sue my dad, because my dad never let him move in. No contact has been made with my dad, from any authority. I just thought it's a bit crazy anyone could take a landlord to court for not letting them move in. Even worse my dad was trying to do my friend a favour, my renting him a property with no first months rent or deposit. So this friend, never lost a penny and new from the start he had to get housing benefit to pay my father.

Any help or ideas on this?
As far as i know, and the law i looked into. This guy attempting to take my dad to court, has nothing to stand on. And the added clause just gives my dad a better defence.

Former Member

Just because a clause is written into the agreement doesn't mean that it is legally binding. If your father signed a tenancy agreement then that agreement is binding on both your father and the tenant and he would be entitled to sue your father for any losses he's incurred as a result of your father's breach. You cannot claim housing benefit until you move into the property and, in any event, housing benefit is not paid directly to the landlord. As we've discussed before, housing benefit can only be paid for legitimate tenancy agreements and any clause that says an agreement is only binding if housing benefit would be paid is normally enough to prove that the agreement is not legitimate.

This is what happens when people try and be too clever for their own good and try and defraud the local authority of housing benefit.

Former Member

Hey Shikari,

Hopefully your dad won't get sued and will therefore not need to worry about how to defend the claim!

Arctic Roll has provided some great advice, as always. :thumb:

I suggest that your dad seeks legal advice. An advisor will be able to see the documents and ask your dad questions which we can unable to do on this site. He could try his local CAB office.

Former Member

I rent out 2 properties and both have tenants that get housing benefit and i've never had any problems because the tenants always have a letter from the council saying that they will pay the rent and everything is sorted out that way.

I hope that nothing comes from it though!

Former Member

Hey Luc12, welcome to TheSite :wave:

Thanks for the insight, really good to know. Just a heads up that this thread is from last year so I'm going to close it now - always have a check of the dates before you post and feel free to start a new thread if you'd like to :thumb: