Agent wants payment for back dated tenancy agreement

[tango123]

My student son is currently in the processing of trying to rent a two bed flat with another student for university.

The flat is managed and advertised by a letting agent.

They both went through a referencing process along with the guarantors (parents).

The original start date on the AST was supposed to be the 5^th August. However the Agent took so long in referencing that it is now the 27^th August and only just finished successfully.

The agent however wants us to sign the original AST (with the start date of the 5^th August) and therefore pay a months back rent for period where they had no access to the property and when a valid AST did not exist.

We have asked for the start date to be end of August once they get the keys.

The agent is now making and threats and is already re-advertising the property.

Surely the Agents position cannot be legal and what are our options?

[R0b]

That doesn't sound right to me, particularly if the problem lay at the letting agent's fault but it's not actually clear if your son has already signed documentation agreeing to the start date being 5 August and if so, does the documentation say anything about what happens if there are delays?

Couple of options could be available:

1. As of 2014, all letting agents must be registered to a redress scheme, either the Propert Ombudsman or the Property Redress Scheme. You should first make a complaint in writing to agent and stating that you/your son are being pressured into signing the AST backdated to the 5th August and pay one months' rent when referencing only completed on 27th and your son has not had the benefit of using the property during this period. If the agent fails to respond or disagrees, take it to the scheme they are registered with.

2. Depending on the actual facts, it could be that the letting agent has committed what is known as a repudiatory breach by re-advertising the property. In such a case you/your son could be entitled to damages for any loss suffered e.g. any other costs, payments or other expenses incurred in finding a new property. This is something that would likely need to end up in court but may be worth mentioning tothe agent, it may scare them into going back on their threats.

3. Sign the AST but scribble around the signature page some words like "Signed under duress: letting agent making threats and has re-advertised the property. Force to accept start date as 5th August when referencing did not complete until 27th August." A complaint could then be raised against the agent and could be a breach of commercial practices under the Consumer Protection from Unfair Trading Regulations, something worthy reporting to trading standards. You could also look at bringing a claim against the letting agent for August's rent which is the loss suffered by your son.

Other options might be available but depends what sort of outcome you seek.

[tango123]

[/QUOTE]***3. Sign the AST but scribble around the signature page some words like "Signed under duress: letting agent making threats and has re-advertised the property. Force to accept start date as 5th August when referencing did not complete until 27th August." A complaint could then be raised against the agent and could be a breach of commercial practices under the Consumer Protection from Unfair Trading Regulations, something worthy reporting to trading standards. You could also look at bringing a claim against the letting agent for August's rent which is the loss suffered by your son.

Other options might be available but depends what sort of outcome you seek.[/QUOTE]***

Unfortunatly the AST is all online with digital signatures and I can't write anything. They provide a certificate at the end confirming all parties have signed electronically.

"Phoned the Letting agent today and they said they would withdraw the contract. The boys would have to reapply and they would keep the holding deposit. However agreed that if i made the payment today they would honor the contract.

Talk about sharks. Not much choice apart from make payment and fight later after they get keys.