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England

Changes to your move in date

Most renters get a tenancy agreement in writing. You can still have a legally binding tenancy if you have agreed to it by email, message or even verbally.

Some people feel pressured to agree to a tenancy quickly, especially if they have problems finding an affordable home.

Check your written agreement says the same as you discussed with the landlord or agent.

Do not assume the terms of a tenancy will always be the same. For example, not all fixed term tenancies have a break clause.

If you sign up to a fixed term tenancy it can be very difficult to end the agreement early.

Read any agreement in full to make sure you are happy with everything.

If your landlord delays your move in date

Sometimes landlords want to delay the start of a tenancy after you've signed or made the agreement. For example, if:

  • the property needs repairs or cleaning

  • the previous tenant has not moved out yet

Your landlord is breaking your tenancy agreement if they say you cannot move in from the start of the contract.

Ask them to cover any costs caused by the delay, such as moving or storage costs, or temporary accommodation if you have to move out of your current home.

Ask if they can provide alternative housing while you wait for the property to become available.

Or you could ask for any money you have paid to be refunded so you can find another property.

Use our letter template if you need help with costs or alternative housing.

If the delay is caused because the previous tenant has not moved out, the landlord or agent cannot force them to leave. They must follow legal eviction procedures.

If you want to delay moving in

You're responsible for rent from the start of the tenancy even if you have not moved in.

You are legally bound to an agreement even if the tenancy has not started yet.

You could try and negotiate a new start date for the tenancy. Sign a new tenancy agreement with a different start date if the landlord agrees.

If you only need to delay by a few days it may be easier to keep the contract the same if you can afford to start paying rent.

Ending your tenancy before you move in

Tenancies agreed in advance are usually binding even if you don't move in.

If you have not signed an agreement yet and believe you have not formally agreed to a tenancy, find any emails or messages between you and the landlord or agent that show this.

Send your evidence to the landlord or agent and ask them to confirm in writing that there is no tenancy or liability to pay rent.

If you've paid a holding deposit you might not get it back if you decide not to rent the property.

Find out what to do if you cannot move in.


Last updated: 2 October 2022