help please...

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    help please...

    Hi all,

    I have an estate agent collecting rent for me on a few properties (there not doing anything else, the tenants call me direct with any issues) and i am about to take this on myself to save the fees, the estate agents have agreed to this and have agreed to redo the tenancy agreement (I have asked the Estate Agents to add an amendment to the existing agreement if the tenants agree which I'm sure they will).

    I have asked for the below information from the estate agents, being a newbie Landlord I now know i should have got this information before the tenants moved in.

    1) A copy of the signed / dated tenancy agreement.

    2) A copy of the signed / dated inventory.

    3) A copy of the signed / dated proof of service for the gas safety certificate, electrical certificate, How to Rent Guide, DPS deposit details, my details given to the tenant and the EPC certificate all given to the Tenants at the start of tenancy.


    Q1) Is there anything else i should be asking for from the estate agents please?

    Q2) Is it better to amend the existing tenancy agreement or start a new one? there all AST tenancies which were for six months and are now on a rolling monthly basis now.


    Thank you for reading and thank you of any help received...

    #2
    That looks pretty complete.
    There's a good checklist at the start of the government's model tenancy agreement.
    You can cross check it with the section 21 checklist on the nearly legal website.

    Unless there are lots of references in the tenancy agreement to the agent, I'd simply keep the same agreement (provided you get everything you have asked for).
    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


      #3
      Was there a security deposit, you will need to transfer this as well.

      Comment


        #4
        Originally posted by jpkeates View Post
        =Unless there are lots of references in the tenancy agreement to the agent, I'd simply keep the same agreement (provided you get everything you have asked for) .
        Thank you for your time and reply very grateful.

        If the tenancy agreement had to be changed would i need to issue all these documents again and if i don't get proof of service from the estate agents should i issue them again?

        Thank you for your help...

        Comment


          #5
          Originally posted by ash72 View Post
          Was there a security deposit, you will need to transfer this as well.
          Hi Ash

          Thank you very much for your reply and i am getting this sent over to the dps account i have set up the estate agents told me to do this.

          Comment


            #6
            Originally posted by john19 View Post
            If the tenancy agreement had to be changed would i need to issue all these documents again and if i don't get proof of service from the estate agents should i issue them again?
            I would, just on the belt and braces basis.

            The issue will be that your new tenancy will be a follow on or replacement tenancy and the prescribed information relating to the deposit has a deadline relating to the original receipt of the deposit.
            You'd ideally want some evidence that there was a Gas Safety certificate was in place when the tenancy began, even if you can't show that the tenant had a copy.
            If the agent is currently holding the deposit they'll have to pass that to you so you'll have to protect it again and issue the Prescribed Information again anyway.

            None of this really matters unless you want to use a section 21 notice to evict the tenant or the tenant tries to make a claim for not protecting the deposit correctly.

            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


              #7
              Thank you very much for your reply and all make sense, after reading here on this forum and on the net over the last few days; what I have learnt is do as much as you can to cover yourself just incase you need to issue a section 8 or section 21 notice.

              Not sure I'm going over the top but might even get the tenants to confirm receipt of the yearly gas cert.


              Thank you to everyone for there time.




              Comment


                #8
                You might also ask for a copy of their original references unless you have the report already.

                Comment


                  #9
                  Originally posted by DPT57 View Post
                  You might also ask for a copy of their original references unless you have the report already.
                  Thank you for your reply and will ask them for them as well...

                  Comment


                    #10
                    Hello All,

                    The estate agents are now saying we don't need to change the existing tenancy agreement (the estate agents originally said this would need to be changed to a new agreement as their details were on existing agreement).

                    The existing AST tenancy agreement shows me as the landlord with my address and email and shows the estate agents as the acting agent and shows there address "c/o" and there address and my name in a couple of places and the estate agents banking details for the standing order.

                    Is the tenancy agreement ok to leave the same give the above?

                    The things I believe I need to do now are to :-

                    1) Let the tenants know when the DPS deposit arrives into my DPS account and give them the details; I was just going to email them this?

                    2) Send via email the details of my banking details (this has already been done by email by the estate agents and they said this has been confirmed with the tenants in emails) I'm double doing this.

                    Is there anything else I need to do please?

                    Thank you very much in advance for all help received.



                    Comment


                      #11
                      Originally posted by john19 View Post
                      Hello All,

                      The estate agents are now saying we don't need to change the existing tenancy agreement (the estate agents originally said this would need to be changed to a new agreement as their details were on existing agreement).

                      ...

                      Is the tenancy agreement ok to leave the same give the above?
                      It's up to you, there was never any need to issue a new tenancy agreement, it was always a belt and braces issue.
                      Write to the tenant and confirm that these sections are no longer relevant.


                      1) Let the tenants know when the DPS deposit arrives into my DPS account and give them the details; I was just going to email them this?
                      You need to give the tenants the Prescribed Information, not "the details" and they have to have to opportunity to sign them to confirm that they have seen and agreed them (that's optional and lots of tenants don't).
                      I don't think that email meets that last requirement - as you can't sign an email without printing it out, and many people dont have any way of printing things out.

                      Is there anything else I need to do please?
                      Personally, I'd stop relying on email and start sending things through the post or handing them over personally.




                      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


                        #12
                        Thank you all very much for all your help...

                        Comment

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