Why the move-in report and fixed date stamp have to be done on moving day — when opposing power begins
Two devices protect a deposit: opposing power and the priority right. Neither arises by itself; they require the move-in report, the fixed date stamp and actually living there. And because the moment each takes effect differs, a day's delay pushes you down the ranking. Here it is in order.
Opposing power begins at midnight the following day
Under the housing lease protection act, opposing power arises from midnight on the day after both delivery of the property (moving in) and resident registration (the move-in report) are in place. Move in today and file today, and it still takes effect from midnight tomorrow.
That single day matters because the landlord can take out a loan against the property on moving day itself. A mortgage takes effect at the moment it is filed, while your opposing power arrives at midnight the next day. On the same day, the bank comes first.
The priority right runs from the fixed date stamp
The right to recover the deposit ahead of other creditors is the priority right, and it requires a fixed date stamp. Obtain the stamp while the requirements for opposing power (occupation plus move-in report) are in place, and your ranking is fixed by that date.
The stamp is available at a community service centre, a registry office, or online through the internet registry. It is applied to the original agreement and the fee is nominal. Doing it in the same visit as the move-in report is the simplest approach.
So the order runs like this
- On the day the balance is paid, which is moving day, get the belongings in and actually occupy
- The same day, complete the move-in report and the fixed date stamp together
- If possible, pull the property register again before paying the balance to check that nothing has been secured against it
The rule is to check the register once when signing and again immediately before paying the balance. New mortgages really are registered between signing and completion.
A fixed date stamp is not the same as registering a lease right
The stamp confirms a date on the agreement; registering a lease right places the right on the property register. Registration requires the landlord's consent and costs considerably more. The stamp, by contrast, can be obtained alone without consent and costs almost nothing.
For most tenants the combination of move-in report plus fixed date stamp is sufficient. Where you will not actually live there — office use, for instance — the requirements for opposing power cannot be met, and registering a lease right comes into consideration.
Do not cancel the move-in report first when leaving
Transferring your address elsewhere while the deposit is unpaid means the opposing power and priority right disappear at that moment. Filing a move-in report at the new address removes the resident registration at the old one.
The remedy is the lease registration order. Apply to the court to have the lease entered on the property register and the opposing power and priority right survive the move. You must confirm that registration has completed before moving; leaving with the application merely filed is not enough.
Documents to have ready
The move-in report needs identification; the fixed date stamp needs the original tenancy agreement. Online, the two are handled separately through the government services portal (move-in report) and the internet registry (fixed date). An online move-in report can take time to process, so if it must be done on moving day itself, visiting the community service centre is the safer option.
Keep the copy of the agreement, the move-in report receipt and the stamped agreement together. If something goes wrong later, those three are the evidence.
Advance checks that reduce deposit losses
Three things to look for on the property register before signing: the maximum secured amount of any mortgage, whether other tenants rank ahead of you, and whether the property is held in trust. If the secured amount plus your deposit exceeds the market value, recovery becomes difficult in a forced sale.
Where the property is held in trust, the owner is the trust company rather than the landlord. A tenancy entered into without the trust company's consent is difficult to assert as having opposing power, so the consent document must be checked.
Return guarantee cover is a separate device
Where the move-in report and fixed date stamp protect your ranking, return guarantee cover is the device by which an institution repays on the landlord's behalf. It is available through the housing guarantee bodies, with differing eligibility requirements and premiums.
There are limits on when you can enrol, so it is better to look into it early in the tenancy. Once more than half the term has passed, enrolment is sometimes unavailable.
Renewal needs checking too
If you renew at a higher deposit, a new fixed date stamp is required for the increase. The original deposit keeps its ranking, but the additional amount takes the ranking of the new date. If a mortgage was registered in between, the increase falls behind it.
Write the renewal agreement and have that document stamped. This step is easily forgotten at renewal, so it deserves particular attention.
Frequently asked questions
Q. Does delaying the move-in report favour the landlord?
It only disadvantages the tenant. If a mortgage is registered during the period before opposing power arises, you rank behind it. There is no reason to delay.
Q. Can just one family member file the move-in report?
Resident registration by the tenant, or by a household member such as a spouse or child, is treated as meeting the requirement. Registration in the tenant's own name is safest.
Q. If I get the fixed date stamp later, does the ranking start from that day?
Yes. It does not backdate. The later it is, the worse the position.
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