Joint prospective tenants; only one signed; other won't

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  • mind the gap
    replied
    Originally posted by amababes View Post
    apparently not currently in force in Glasgow yet, its down to the local authorities to enforce, and they are all doing it at different times. any thoughts as to why this is?
    (Tearing hair out....!) I'm really sorry, but had we known you were talking about a tenancy in Scotland, we would have said from the outset that we couldn't help you much!

    Scottish law is different from the law in England and Wales, so this forum is going to be of limited help to you. If no similar forum exists for Scottish landlords and tenants, I suggest you try the Citizens Advice Bureau, or a solicitor.

    Leave a comment:


  • amababes
    replied
    apparently not currently in force in Glasgow yet, its down to the local authorities to enforce, and they are all doing it at different times. any thoughts as to why this is?

    Leave a comment:


  • mind the gap
    replied
    Sorry just dicovered slight error there - details of deposit protection scheme are supposed to be given to tenant within 14 days (not 28 days) of payment of deposit by tenant.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by amababes View Post
    i know what an exciting Friday night....however ive had another thought. I dont think this is a ery professional landlord. There has been no checks done on my daughter and I dont think she got the rent deposit agreement. Does that make it different? Promise it my last question...and ill let you all know how i get on...thanks again

    LL has 14 days from date of receiving deposit, to comply with requirement to protect it, then a further 14 days in which to supply tenants with details of scheme and their ref number for claiming deposit back at end. Wouldn't do any harm for daughter and friend to ask LL to make sure they get those details as soon as deposit has been protected. If LL does not know what they are talking about, get back to us and someone will advise you.

    The fact that LL hasn't done credit checks, etc., is not your daughter's problem. I would say that her (your daughter's) concern shoud be whether she can trust her flaky-sounding friend not to do the dirty and move out early/refuse to pay rent, bills etc.

    Happy moving in to her, anyway!

    Leave a comment:


  • amababes
    replied
    i know what an exciting Friday night....however ive had another thought. I dont think this is a ery professional landlord. There has been no checks done on my daughter and I dont think she got the rent deposit agreement. Does that make it different? Promise it my last question...and ill let you all know how i get on...thanks again

    Leave a comment:


  • amababes
    replied
    he he thanks

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  • amababes
    replied
    Thank you so much....has been very helpful

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  • Ericthelobster
    replied
    Originally posted by amababes View Post
    First time ive used this site....
    Would never have guessed...

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  • mind the gap
    replied
    Originally posted by amababes View Post
    Thank you so much...First time ive used this site....
    Update
    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.
    No, unless the Landlord agrees or unless there is a break clause in the agreement, they are stuck with the tenancy for its full fixed term; sounds like your daughter is the only one who will be legally liable for the rent; no, there isn't a cooling off period, and yes, they should get their deposit back at the end of the tenancy assuming they have caused no damage and they return the property in the condition it was in when they moved in.

    They should ask the LL for the details of the tenancy deposit scheme, into which she is legally required to protect their deposit within 14 days of receiving it.

    In the future, your daughter would be advised to read any agreement she proposes to sign, very carefully before signing, so that she knows what she is letting herself in for. She has committed herself to considerable financial outlay for a year; it's not something to be taken lightly and it's not the same as buying a TV on HP.

    You have to ask any questions before you sign, not after, I'm afraid.
    It might be worth asking the LL to accommodate your requests, but she has every right to say no.

    Good luck, anyway.

    Leave a comment:


  • amababes
    replied
    Thank you so much...First time ive used this site....
    Update
    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

    Leave a comment:


  • amababes
    replied
    Originally posted by kayak View Post
    I read it as, that only one of the two tenants had signed the tenancy agreement, rather than that there was only one name on the tenancy agreement, but now I'm not sure!
    Thank you so much...First time ive used this site....
    Update
    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

    Leave a comment:


  • amababes
    replied
    Originally posted by Paul_f View Post
    If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

    I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.
    Thank you so much...First time ive used this site....
    Update
    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

    Leave a comment:


  • amababes
    replied
    Originally posted by jeffrey View Post
    OP says that only daughter signed "lease" [presumably meaning "Counterpart Tenancy Agreement"].
    If so, there's only one T- her- and she's stuck with it.
    Thank you so much...First time ive used this site....
    Update
    Flatmate says she will now move in, but i feel my daughters name is still soley on lease. She only signed last Sunday when they both paid deposit but have not got keys yet etc.,Can they change lease from 1year to 6 months? Can they have both names on lease? and Do they have a cooling off period? Can they get their deposit back?

    I would be obliged if you could let me know what you think because i am going to phone landlord tomorrow.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by Paul_f View Post
    If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

    I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.
    OP says that only daughter signed "lease" [presumably meaning "Counterpart Tenancy Agreement"].
    If so, there's only one T- her- and she's stuck with it.

    Leave a comment:


  • PaulF
    replied
    If there are two named tenants then both should have signed, and the one that didn't would have no liability unless there is a clause within the AST to say that one signature will suffice on behalf of all tenants.

    I suspect the remaining tenant will be responsible for the whole rent. Jeffrey might be able to give a different opinion.

    Leave a comment:

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