Tenant Fees Bill - referencing, inventory fees

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  • jpkeates
    replied
    Originally posted by islandgirl View Post
    Thank you - that makes a lot of sense JP (but not everything that does comes to pass as we well know!). The only thing would be I suppose that tenants will have to keep it updated - even a reference a month old is out of date - tenant may have lost his job in the meantime!
    Yes - it's a solution.

    Credit references are often much more than a month out of date.
    They're fed from most services automatically, but if you lose your job it's a while before the effects are obvious on a credit history.
    They're probably as good as they can be, though.

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  • KTC
    replied
    You won't have to refund fees taken before commencement date. Deposit is difference because one they're the tenant's money even while you're holding onto them, and two a landlord is deemed to have returned them at the end of the older tenancy and immediately paid back over for the replacement tenancy even if no money actually change hands (or bank account).

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  • islandgirl
    replied
    Thank you - that makes a lot of sense JP (but not everything that does comes to pass as we well know!). The only thing would be I suppose that tenants will have to keep it updated - even a reference a month old is out of date - tenant may have lost his job in the meantime!

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  • DPT57
    replied
    If the secondary legislation says that refunds will have to be made its likely to cause a whole new set of fun and games. For instance, I think I may have charged a current tenant for the reference checks I did in 2013 but would have to go back to my emails and financial records to confirm. Some landlords may not have those records, some won't even know about this aspect of the legislation.... This could seriously challenge the deposit legislation for entertainment value!

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  • KTC
    replied
    Originally posted by DPT57 View Post
    Presumably with no expectation that fees or deposits larger than 5 weeks rent already taken for existing tenancies will be refunded?
    Awaiting secondary legislations to see how the commencement and any transitional clauses is worded to know for sure. Expect LL to have to reduce existing deposit down to the cap if a replacement tenancy starts on or after 1 June. If worded like Deregulation Act, should exclude SPT arising from tenancy pre-dating commencement.

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  • jpkeates
    replied
    I think that the expectation (hope?) is that the credit reference companies will introduce a service paid for by a tenant where a landlord can be given a reference to be able to access the tenant's report.
    So good tenants will be able to sign up for the service, check what the results will be, correct any errors and then make the results available to agents and landlords glad not be stuck with the task and no income for it.

    It will also deter time wasters.

    If the credit companies don't have such a product lined up, I'd be amazed.

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  • islandgirl
    replied
    I have only ever charged cost price for professional credit checks to the tenants and obviously won't even be able to do that now. I assume Tenantverify and other companies will have a process which allows tenants to submit all the info to them but the invoice for the check and the results to come to the LL? Otherwise the LL is just a middle man passing on the info to the company.

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  • DPT57
    replied
    Originally posted by KTC View Post
    This has now passed the final stage in parliament, so is awaiting Royal assent.

    Government previously announced it will come into force for new tenancy and renewals etc. on 1 June this year, and existing tenancy next year.
    Presumably with no expectation that fees or deposits larger than 5 weeks rent already taken for existing tenancies will be refunded?

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  • KTC
    replied
    This has now passed the final stage in parliament, so is awaiting Royal assent.

    Government previously announced it will come into force for new tenancy and renewals etc. on 1 June this year, and existing tenancy next year.

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  • Stef Cooke
    replied
    Sorry, on phone.

    I didn't mean signing for receipt. Inventories tc include acceptance of contents, etc

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  • Stef Cooke
    replied
    Not sure I meant to be so simplistic. I should know better

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  • KTC
    replied
    Originally posted by Stef Cooke View Post
    Would that also cover the signing of check in/out documents? And any other need for signature from any 3rd party?
    Signing reciept of a document does not create a contract.

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  • KTC
    replied
    If you're so worried, you just have to get the applicant to provide you with the details required along with permission to use it for a tenant reference check, and then make the check yourself with those details instead of getting an applicant to submit it directly.

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  • shearne
    replied
    I'm wondering if LL's could only consider future tenants if they came clutching a copy of a recent Reference check which they had acquired and paid for themselves. A bit like someone turning up for a job with their CV. Just pondering

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  • Stef Cooke
    replied
    Would that also cover the signing of check in/out documents? And any other need for signature from any 3rd party?

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