Letting Agent Tenant Checks & Refs

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    Letting Agent Tenant Checks & Refs

    Hi all

    We are using a LA to find a tenant, complete all checks, refs, inventory, utilities etc and then we will manage going forward.

    We would like to ensure we do not fall foul of any legal requirements on us, incompetent LA's and/or dodgy tenants.

    1. What is the general opinion about us requesting various pieces of written information about the tenant prior to signing the TA? Otherwise should there be a problem in the future we will have no information about the tenant other than a signed TA and a contact tel no. The LA is trying to assure us they hold the information on their database for 7 yrs should we need anything but if they can't give us a copy of the info/checks now because of data protection then they won't be able to give us it in the future! Is it unreasonable to ask the tenant to provide the same info to us that they provided to the LA?

    2. Also, we are thinking we will hold the deposit ourselves rather than allowing the LA to hold it - again to save any possible problems in the future. What exactly should we do and with the deposit and what scheme is best?

    Any best advice would be much appreciated.

    Thanks

    #2
    Originally posted by 0c3l07 View Post
    1. What is the general opinion about us requesting various pieces of written information about the tenant prior to signing the TA? Otherwise should there be a problem in the future we will have no information about the tenant other than a signed TA and a contact tel no. The LA is trying to assure us they hold the information on their database for 7 yrs should we need anything but if they can't give us a copy of the info/checks now because of data protection then they won't be able to give us it in the future! Is it unreasonable to ask the tenant to provide the same info to us that they provided to the LA?
    You are entitled to see all referencing forms completed, and replies received, on your prospective tenant and indeed it is considered good practice for the agent to do so. Your agent should also ask your formal approval to go ahead if the tenant found meets with your satisfaction (few agents realise they should do these things as a matter of course, and therefore don't). Data Protection doesn't come into it and I have posted many times on this subject.

    Originally posted by 0c3l07 View Post
    2. Also, we are thinking we will hold the deposit ourselves rather than allowing the LA to hold it - again to save any possible problems in the future. What exactly should we do and with the deposit and what scheme is best?
    The Custodial Scheme is free to use and probably best for your needs. All you have to do is register to be able to hold the deposit and the site is easy to use.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Thanks Paul

      Being made to feel silly for questioning the agent "you need to have trust!" Yeh yeh! look were that got us last time (see previous post!).

      Will stick to our gut instinct and as for copies of everything.

      Comment

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