New Landlord

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  • emwithme
    replied
    I would advise that you take your time reading through the new tenancy, cross-referencing it with the old tenancy and checking ANYTHING you are not sure about.

    Leave a comment:


  • asram
    replied
    Again thank you. Its good to know where you stand

    Leave a comment:


  • Snorkerz
    replied
    You still don't need to. If you choose to, that is your choice.

    Well, bearing in mind you don't have to agree a new contact, then they can not force you into a joint one. If they present you with one with her name, cross out her name and make sure only you sign it!

    TBH if you had been a good tenant for 5 years I would be happy to agree to whatever you wanted in this situation - and if you didn't want to do something then there is no way I would evict you for it - loads of extra expense and the risk of getting a tenant from hell.

    Leave a comment:


  • asram
    replied
    The next installment..

    I have heard from the Landlord who has spoken to the Letting Agency.

    Apparently, he is taking out, via Agency, Rent Protection Insurance, and this is the reason I have to complete a new Tenancy Agreement. So, I am going to do it, to be frank I don't want to appear unco-operative and really I just want peace.

    As I have previously mentioned my daughter (23) lives with me and has done at this address from the beginning when she was 18. I want to remain a Sole Tenant, is there any reason why I shouldn't? And what would I need to do to enable it to be that way.

    Thank you

    Leave a comment:


  • asram
    replied
    Thank you

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  • PaulF
    replied
    Originally posted by asram View Post
    Paul - Before I go back to the Letting Agent, could I ask whether it being a franchised agency would make any difference? Yes it probably would.

    If it is would the current Tenancy Agreement need to be renewed? and would I have to complete the Application for a Tenancy forms as if I was a new tenant? No, as has been pointed out the agreement doesn't involve the agent.

    Ref my daughter living at the property, she was 18 when we moved in and I have checked the Tenancy Agreement, I believe that under the Assignment section she would be considered 'permitted family or children'. Or I may be wrong. I really do wish for it to remain a Sole Tenant. Then tell the agent you want it to remain as it is.

    I have lived in this property for nearly 5 years, have never been late with my rent, keep it in excellent condition and was told by the landlord that the only reason why they bought the property was because I am the tenant.Which means you still don't need a new tenancy agreement to be drawn up by the "new" agent.

    Originally I was told by the original Letting Agents that all would happen is the tenancy would transfer to the new landlord and I wouldn't need to do anything. That's how I see it too.

    Thank you
    The important thing is don't be bullied, be polite, but stand your ground.

    Leave a comment:


  • asram
    replied
    Paul - Before I go back to the Letting Agent, could I ask whether it being a franchised agency would make any difference? {Mod - name removed}

    If it is would the current Tenancy Agreement need to be renewed? and would I have to complete the Application for a Tenancy forms as if I was a new tenant?

    Ref my daughter living at the property, she was 18 when we moved in and I have checked the Tenancy Agreement, I believe that under the Assignment section she would be considered 'permitted family or children'. Or I may be wrong. I really do wish for it to remain a Sole Tenant.

    I have lived in this property for nearly 5 years, have never been late with my rent, keep it in excellent condition and was told by the landlord that the only reason why they bought the property was because I am the tenant.

    Originally I was told by the original Letting Agents that all would happen is the tenancy would transfer to the new landlord and I wouldn't need to do anything.

    Thank you

    Leave a comment:


  • PaulF
    replied
    Asram. I think you are probably dealing with a franchised agency, each office being an independent business such as Belvoir or Martin & Co.

    Leave a comment:


  • Snorkerz
    replied
    Your daughter does not have to fill out a tenancy application - you have a tenancy agreement on the whole property - what do they think they will be letting to her?

    However, take a look at your tenancy agreement. It may say something like the tenant may not share possession of the property. 8 years ago when D was 15 it didn't matter, but if there is such a clause, then you are now in breach of your tenancy agreement - inviting eviction. I am not saying it is certain, but a new tenancy agreement with you and D as joint tenants would remove that threat.

    Leave a comment:


  • Moderator2
    replied
    Two related threads have been merged.

    Leave a comment:


  • thesaint
    replied
    There was no need to start another thread. You have asked the question in the original one:

    http://www.landlordzone.co.uk/forums...1-New-Landlord

    Leave a comment:


  • asram
    replied
    New Landlord - Continued

    I have been renting my current accommodation for nearly 5 years and am on an 'Assured Tenancy' which runs until December.

    The property has recently been sold and I have a new landlord. One of the reasons the new landlord has purchased the property is because I have nearly 5 years of exemplary tenancy on record. Both the purchasers and lettings agent have told me this.

    The new purchasers have switched lettings agents to a different branch albeit with the same company.

    The week before last I received a phone call from the new lettings agency explaining that I will receive correspondence with details of how to cancel my current standing order to the new agency (same company).

    Last Friday I received an application form as if I was a new tenant. In the process I would have to provide references, proof of residency. proof of identification and employment details etc etc. I would also again have to provide a guarantor.

    Obviously I was confused as all the way through I have been told it would be a simple case of having a new landlord. I called the branch today.

    The original reason she gave me was that it was because the lease was with a different branch. To which I pointed out that they were the same company and I have had 5 years of being a good tenant and paying on time. She then said that it was because the management agreement with the new landlord was different, to which I said that, that was between them and the new landlord. She then said that it was because of the amount of time I had been in the property they need to renew the references.

    I'm sure that when I first discovered that the property was being sold I googled and read that I would just be informed of the transfer of landlord. Before I speak to them again what I would really like to know is, do I really have to go through the whole reapplying for a tenancy? Is this the correct procedure?

    Thank you
    [/I][/I][/I]


    I posted the above on the 21 October and received replies confirming what I believed, that a new tenancy isn't required. However...


    I have today received an extra Tenancy Agreement application for my daughter (23) to fill out on top of the one that they want me to complete!

    I was hoping that my original telephone conversation would put the matter to rest but obviously not.

    Before I call them back would someone be able to advise me if there is anything I can refer to, laws, rules, acts?

    Thank you

    Leave a comment:


  • asram
    replied
    Further to my original question above on 21 October...

    I have today received an extra Tenancy Agreement application for my daughter (23) to fill out on top of the one that they want me to complete!

    I was hoping that my original telephone conversation would put the matter to rest but obviously not.

    Before I call them back would someone be able to advise me if there is anything I can refer to, laws, rules, acts?

    Thank you

    Leave a comment:


  • PaulF
    replied
    Originally posted by asram View Post
    It has been pointed out that this could be a money making exercise by the management company. Charging me for the new tenancy and possibly also charging the new landlord. :
    In this instance neither you nor the landlord needs to pay the agent anything. No new tenancy is being created as has been pointed out.

    Leave a comment:


  • asram
    replied
    Thank you. That is what I believed.

    So, the point is the tenancy agreement is between my self and the landlord and not the management company? And the agreement moved automatically between the old landlord and the new one?

    It has been pointed out that this could be a money making exercise by the management company. Charging me for the new tenancy and possibly also charging the new landlord.

    It has also been mentioned that I could put the old branch of the same company as my reference. Now that would be interesting.

    Just have to work out now how I am going to approach this

    Again thank you

    Leave a comment:

Latest Activity

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  • Reply to Tenant vs licensee
    by doobrey
    Agree with the above.

    Ven, I would advise you to politely but firmly request immediate refund of the fee that you paid. If there is resistance, quote the Tenant Fees Act 2019.

    Assuming that the agency you have been dealing with is a letting agent, it is required by law to be...
    17-08-2022, 10:24 AM
  • Tenant vs licensee
    by Ven
    Hello,

    Long storry short, ive paid booking fee to one agency, and after finishing reference checks they send me agreement, where im being described as licensee and they as licensors.
    This wasnt mentioned anywhere in the spareroom advertisement.
    is it possible to cancel the booking...
    16-08-2022, 13:47 PM
  • Reply to Tenant vs licensee
    by jpkeates
    Not only are you right (and I am, therefore, wrong), but I've made the same mistake before.

    Apologies!
    And thanks for the correction....
    17-08-2022, 07:15 AM
  • Reply to Tenant vs licensee
    by DoricPixie
    The Tenant Fees Act 2019 does not just apply to Assured Shorthold Tenancies. It also applies to licences to occupy so providing we are talking about a property in England you should not have been charged for the reference check. The penalty for a first offense of breaching the Act can be as much as...
    17-08-2022, 06:45 AM
  • Reply to Tenant vs licensee
    by doobrey
    It is a strange setup if an agency is describing themselves as a licensor. Generally, an agent acts for a landlord (or perhaps licensor). Typically they do not let their own property. Some do, but in that case they are a business and seem very unlikely to be a resident landlord, in which case a lodger...
    17-08-2022, 06:00 AM
  • Reply to Tenant vs licensee
    by jpkeates
    I don't think they can object if you say no, it's not what you thought it was from the advert.
    I don't think they can do anything (other than maybe not rent to you in future - but I don't see why they would do that, I'd bet this has happened before).

    I'd ask for a draft tenancy agreement...
    16-08-2022, 16:51 PM
  • Reply to Tenant vs licensee
    by Ven
    How can I peacefuly decline to sign their offer?
    is there anything they can do to harm me?
    how can i stop this occuring in the future? Perhaps i would need to ask to see draft of tenancy agreement before paying holding deposit?...
    16-08-2022, 16:32 PM
  • Reply to Tenant vs licensee
    by jpkeates
    No, but I think you're overthinking it.

    If they have the right to enter your room at any time, it is trying to be a licence agreement, not an tenancy.
    But my guess is that they make their money letting rooms not taking fees for referencing or non-returnable deposits (although they'll...
    16-08-2022, 16:27 PM
  • Reply to Tenant vs licensee
    by Ven
    Thank you for this response.
    i agree with you. The contract they send me includes many different behaviour violation, which would result in termination of the contract, also they have the right to enter the property and the rooms at any time without any notice..
    all that just indicates to...
    16-08-2022, 16:20 PM
  • Reply to Tenant vs licensee
    by jpkeates
    Technically it doesn't matter what the agreement says it is, the reality is what determines if its a tenancy or a licence.
    But that won't help you if they lock you out in the rain one day because you've upset them somehow.

    They sound a bit dodgy to me, so I'd walk away.
    Whether...
    16-08-2022, 16:04 PM
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