Tenant referencing - Upad

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  • #16
    Originally posted by jpkeates View Post
    The lack of case law in this instance doesn't strengthen or weaken an argument either way.
    Not much substance in your post...
    Many people state that this would absolutely be an unfair term. What is the basis for that?

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    • #17
      Originally posted by DPT57 View Post
      In practice its very difficult to lock a tenant in with a 12 month contract if they really need to leave.
      It's not. But it may take efforts to get all the money.

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      • #18
        Dominco. you asked us for opinions on some dubious clauses. These has been provided, with reasons. It is your ultimate business decision.

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        • #19
          Thanks all. I will go for the 1 year contract with a mutual 6 month break. I also called L4L the referencing agency used by Upad and they charge me half the price ie. £35 plus VAT if i go to them direct which I will.

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          • #20
            They tried.

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            • #21
              Originally posted by jjlandlord View Post
              Not much substance in your post...
              Many people state that this would absolutely be an unfair term. What is the basis for that?
              I can't speak for "many people", but their was an OFT document (2005) Guidance on unfair terms in tenancy agreements, which, while not law, is official guidance to the law (i.e. judges are meant to regard it as influential but not superior to precedent).
              That says "Landlords sometimes choose to use a 'break' clause allowing them to bring the agreement to an end on service of two months' notice. We would object to such a term if it was not balanced by a similar provision allowing the tenant to give notice in the same way."

              Because the law has changes since, that document has been replaced by a more general guidance to contractual terms after the 2015 Consumer Rights Act, which is less specific to tenancy agreements, but is also helpful.
              That guidance says that in the view of the CMA (the OFT's replacement), the purpose of the legislation is, inter alia, "protecting consumers from one-sided agreements"

              Particularly, that the consumer must be be able to evaluate (a contract term), "on the basis of clear, intelligible criteria, the economic consequences for him which derive from it [the term]’. The reason for the term and its relationship with other terms should be transparently set out."

              That means that if there is a one sided clause, the disadvantages/consequences of such a one sided term to the tenant should be explicitly highlighted to them.

              As usual, there's not been many published cases relating to this - and, as it stands, this is simply guidance.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              • #22
                The problem with the OFT guidance is that they seemed to plucked up a few things out of thin air.

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                • #23
                  Can't argue with that;, but at least the new consumer stuff makes sense, overall.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                  • #24
                    Just took a very confusing call with Upad who say I cannot have a 6 month break clause (i.e. two months notice by either party given no less than 4 months) if the tenant is paying 6 months rent up front. He seemed to indicate it would come under unfair terms. Anyone here want to take a stab at what he is going on about?

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                    • #25
                      How many times? Just have a 6 month tenancy.

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                      • #26
                        Originally posted by JK0 View Post
                        How many times? Just have a 6 month tenancy.
                        Ok ok but i'm curious as to what this person is saying. I want to understand

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                        • #27
                          Do Upad get commission based on how long the tenancy is for? I think you have your explanation, don't you?

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                          • #28
                            Originally posted by dominco View Post
                            Just took a very confusing call with Upad who say I cannot have a 6 month break clause (i.e. two months notice by either party given no less than 4 months) if the tenant is paying 6 months rent up front. He seemed to indicate it would come under unfair terms. Anyone here want to take a stab at what he is going on about?
                            Nothing unfair at all.

                            Comment


                            • #29
                              Originally posted by JK0 View Post
                              Do Upad get commission based on how long the tenancy is for? I think you have your explanation, don't you?
                              Actually no I pay fixed letting fee upfront regardless of tenancy term. If anything if i had to use their services again to enact another 6 month agreement they would charge me again for producing another agreement. I should really download the standard tenancy agreement on the gov. website. I'm slowly moving to doing all on my own. Upad has been a step in the right direction.

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                              • #30
                                I wouldn't be using the government tenancy agreement. Last time I looked I was unhappy with a number of clauses.

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                                Latest Activity

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                                • Abandonment
                                  buttons
                                  I have had a phone call from the tenants daughter, (didnt know she existed), telling me he is leaving in two weeks. I told her he has nearly 4 months left on his 12 month AST. I subsequently got two calls from a housing association. asking for a reference for him, I told them the situation but they...
                                  20-09-2017, 19:56 PM
                                • Reply to Abandonment
                                  KTC
                                  If the tenant holds a material interest of 6 months or more (i.e. during the 12 months AST), then the tenant is liable for council tax whether they are resident or not. During a SPT, the liability revert to the landlord when the tenant is no longer resident.
                                  20-09-2017, 21:33 PM
                                • Tenant having parking issues trying to hold me responsible
                                  koksy
                                  I own a freehold house which has had the front garden paved over to provide off road parking. There is a dropped kerb in front of the garden and double yellow lines all the way across the front of the house.

                                  The local neighbours are choosing to ignore the double yellow lines and keep parking...
                                  20-09-2017, 18:22 PM
                                • Reply to Tenant having parking issues trying to hold me responsible
                                  leaseholder64
                                  The police really do not like dealing with this sort of thing, and you are unlikely to get a response, even though they could prosecute for obstructive parking. This is especially true given the double yellow lines, as they would prefer the council impose a civil penalty.

                                  Although it will...
                                  20-09-2017, 21:20 PM
                                • Reply to Tenant having parking issues trying to hold me responsible
                                  security2
                                  If someone blocked the public footway outside the front gate to the property so your tenant couldn't walk into the property, would he call you to get this rectified? Or would he call the police/council?

                                  No different if its a car on the public highway or any other blockage on the public...
                                  20-09-2017, 21:20 PM
                                • Reply to Abandonment
                                  Wannadonnadoodah
                                  May only be tenants who have housing benefit paid then.
                                  20-09-2017, 21:17 PM
                                • Reply to Abandonment
                                  buttons
                                  This I believe is incorrect, I do have experience of that part happening before and sent the council a copy of the AST and they cancelled my charge....
                                  20-09-2017, 21:14 PM
                                • Reply to Abandonment
                                  Wannadonnadoodah
                                  In the eyes of the council as soon as he starts paying CT at his new property the liability will fall to you regardless of what else is happening.
                                  20-09-2017, 21:02 PM
                                • Reply to Abandonment
                                  buttons
                                  I thought you could have it so that property was marketed but he still had liability as he wont be able to pay anything as he is unemployed and would reduce his liability to council tax if let before the end of his tenancy.
                                  20-09-2017, 20:48 PM
                                • Reply to Abandonment
                                  KTC
                                  Either you recover the property, or the tenant is still the tenant with liability for rent & council tax (during fixed term of 6 months or more). You can't have it both ways of getting the property back but not liable for council tax.
                                  20-09-2017, 20:38 PM
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