Not copy of signed agreement until deposit and rent paid

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Not copy of signed agreement until deposit and rent paid

    Hello,

    I am going to move in October. I have found a property to rent and paid the agency fees.
    The letting agent is happy for the tenancy agreement to be signed now, but refuses to hand me a copy until he has received payment of the deposit and first month rent.

    This is the first time I encounter this situation and I am quite surprised.

    Has the letting agent any ground to do that? Should I be worried that the agreement "disappear" before me moving in?

    Thanks.

    #2
    If the agent gives you the agreement before you pay the deposit, you then have no real reason to pay the deposit. Obviously, that isn't a situation that the agent/landlord can entertain.

    Therefore, although I can see your concerns, I think they are right.

    Get the deposit to them ASAP and both parties will be happy.

    Comment


      #3
      Originally posted by Snorkerz View Post
      If the agent gives you the agreement before you pay the deposit, you then have no real reason to pay the deposit. Obviously, that isn't a situation that the agent/landlord can entertain.
      Thanks for the quick reply, Snorkerz.

      I would think that even if they give me the agreement now I would still have a good reason to pay the deposit and rent: To get the property's keys and move in!

      Now I'm uncomfortable having no physical proof of agreement in my hand, and not really willing to pay deposit + rent one and a half month in advance...

      Comment


        #4
        Originally posted by lostthere View Post
        Thanks for the quick reply, Snorkerz.

        I would think that even if they give me the agreement now I would still have a good reason to pay the deposit and rent: To get the property's keys and move in!

        Now I'm uncomfortable having no physical proof of agreement in my hand, and not really willing to pay deposit + rent one and a half month in advance...
        If you have a tenancy agreement, I am not convinced they could withold the keys. Preventing you gaining access to a property you have a tenancy over could be illegal eviction - a criminal offence.

        I may be wrong - but I don't think so.

        Comment


          #5
          Originally posted by Snorkerz View Post
          If you have a tenancy agreement, I am not convinced they could withold the keys. Preventing you gaining access to a property you have a tenancy over could be illegal eviction - a criminal offence.

          I may be wrong - but I don't think so.
          Perhaps indeed.

          That said, the agreement will exist and be signed by both parties, just that I will not have a physical copy.
          So that left wondering whether they intend to burn it and claim it never existed in case of problem [Not that I intend to create any]... Or, more worringly for me, if they change their mind and let me out of accomodation.

          Comment


            #6
            Not copy of signed agreement until deposit and rent paid

            Hello,

            I have posted this question in another section, but I think it would fit here even better (moderator: feel free to merge if not):

            I am going to move in October. I have found a property to rent and paid the agency fees.
            The letting agent is happy for the tenancy agreement to be signed now, but refuses to hand me a copy until he has received payment of the deposit and first month rent. There is still 1.5 months to go before I move in so I not too willing to pay now.

            This is the first time I encounter this situation and I am quite surprised.

            Has the letting agent any ground to do that? Should I be worried that the agreement "disappear" before me moving in?


            I have been replied by someone in this forum that if the agent would hand me the agreement now I would have no incentive to pay rent and deposit before moving in.
            That seems strange to me as, whether they give me a copy or not, the agreement is signed and in existence. The only out for them would be to destroy it and claim it never existed, which seems very unethical if not illegal.

            Thanks.

            Comment


              #7
              No, it's nonsense. You should not agree to a tenancy or any related costs/fees until you have had a chance to read the contract and seek independent legal advice if you wish. Refuse to sign until they have allowed you to do this and if they still refuse, walk away.

              More sharp/sloppy practice by a letting agent who knows nothing about the law, I'm afraid.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                agent wont give you the agreement till you pay the deposit and first months' rent

                Insist! you are entitled to take away a copy of the proposed agreement in order to seek your own advice. You cant expect however to have the executed (igned and dated)agreement until you have paid the first months' rent and depo.

                If they still wont give you the agreement to read ask for the return of the "fee" you say you have paid. I think its of questionable legality to charge prospective tenants fees under the Accommodation Act 1960 in order to be shown residential premises for letting. Was the fee for a credit reference check?

                I would stick my guns and say I cant go ahead unless I have a copy of the proposed agreement.

                There are zillions of flats and houses up for rent. If you think the agent is dodgy cut your losses and move on

                Old saying "The first cut is the cheapest"!

                Comment


                  #9
                  Can you clarify if you have already signed the agreement? Did you have a chance to read it, and/or take advice, before you signed it? That doesn't mean, were you in a rush to sign it so you didn't read it, it means did you ask for time and was it given or refused?

                  I do totally agree with the other posters that a blank, unsigned, copy of the agreement should not be an issue.

                  Presuming you have already had a chance to read it etc (and why sign if you hadn't?) then I re-itterate my advice from your earlier thread, pay the £s you need to to keep agent/landlord happy, and they will give you the copy of the agreement signed by the landlord/agent to make you happy. Just because you have signed the contract does not make it valid, the landlord is not going to agree to the contract with his signature until all finances are in place and until that 'agreement' takes place, the contract is invalid.

                  Comment


                    #10
                    If you mean they won't give you a completed version until you've paid then that's fair enough. I have a blank version I send out before the tenants sign so they have chance to read the small print. Only once the remaining balance has been paid do they sign the tenancy agreements, although to be fair I never let properties that far in advance so, normally 4 weeks at the most.
                    <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

                    Comment


                      #11
                      Under the Unfair Terms in Consumer Contracts Regulations 1999 the agent must give applicants enough time to study the tenancy agreement before they sign. I guess this is not the issue in this case otherwise you would not have signed it?

                      At the point you signed the agreement, the document should not have been dated as the act of dating the contract effectively executes it and makes it live. If it has been dated before the start of the tenancy then it has already been executed and has become legally binding.

                      It is common practice that the deposit and advance rental payment are prerequisites to execution of the agreement so it sounds like they may have jumped the gun in executing the agreement.

                      If you want to secure this tenancy this early then you have to be prepared to pay a deposit and advance rental payment early though negotiation with agent may buy you some time.

                      Comment


                        #12
                        Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

                        Comment

                        Latest Activity

                        Collapse

                        • Loft conversion building regs
                          by Handy21
                          Hi guys this might have already been covered before but I’m currently purchasing a 3 bed house and near completion our solicitor has managed to find out they don’t have building regs for the 3rd bedroom (loft conversion). My question is can I let this as a 3 bedroom or is it legally only a 2 bedroom,...
                          27-10-2021, 07:16 AM
                        • Reply to Joint tenancy agreement, 1 tenant has already moved out
                          by DoricPixie
                          In the opening post you said there was 6 month fixed term AST with both your niece and her now-ex-partner named as joint tenants. Now you are saying there was never a tenancy agreement drawn up.

                          With the benefit of hindsight it would have been better if you'd had your niece pay money into...
                          27-10-2021, 06:33 AM
                        • Joint tenancy agreement, 1 tenant has already moved out
                          by Yorkie2020
                          Good evening all,

                          I wonder if I could get some advice on ending an AST tenancy in England.

                          Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
                          20-10-2021, 19:44 PM
                        • Reply to Joint tenancy agreement, 1 tenant has already moved out
                          by Yorkie2020
                          Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
                          JPkeats,...
                          27-10-2021, 02:02 AM
                        • Reply to Increasing rent
                          by jpkeates
                          There may be something on the NRLA website, but I don't know of a standard template.

                          To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
                          26-10-2021, 17:37 PM
                        • Increasing rent
                          by Berlingogirl
                          Tenancy start date May 2020 in England. 6 month initial AST.
                          My tenancy agreement says
                          “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
                          Is there a specific form I should use?...
                          26-10-2021, 13:33 PM
                        • Reply to Increasing rent
                          by Berlingogirl
                          Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
                          26-10-2021, 17:05 PM
                        • Reply to Increasing rent
                          by jpkeates
                          If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

                          Otherwise, you just need to get the tenant to agree and start paying the new rent...
                          26-10-2021, 13:58 PM
                        • Reply to Advanced rent and S21 Notices
                          by jpkeates
                          It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

                          If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
                          26-10-2021, 08:35 AM
                        • Advanced rent and S21 Notices
                          by Shorif908
                          Hi All,

                          I have recently had new tenants move in.
                          the estate agent did the whole thing and put them in.

                          The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
                          26-10-2021, 08:06 AM
                        Working...
                        X