problematic tenancy agreement

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    problematic tenancy agreement

    Hy guys,

    I have a strange question to ask so ill set the scene. My girlfriend and 3 friends wanted to move into a property on the 5th of the month. The price was negotiated and the holding fee paid. An email was received by my girlfriend stating the terms of the agreement £xxx a week from the 5th of august 2010. This is my girlfriends first rental property and she then asked the agency what to do next, The agency informed her to pay the deposit and first months rent into the landlords account on the day before the handing over of the keys and the signing of contracts. This was done but due to an issue with the bank, the bank stated the money wasn't to be transferred into the landlords account for another 3 days. My girlfriend offered cash, bankers draft and cheque but the landlord wouldn't take any of these. My girlfriend had work and was unable to get to the flat and sign her part of the joint tenancy agreement on the new move-in date, the 9th, the day the funds cleared. However 2 of her 4 friends did, they both signed there relative parts of the JOINT tenancy agreement The landlord then said my girlfriend and the other girl can sign there sections of joint tenancy agreement when he gets back off holiday. About 3 hours after the landlord left the country one of the girls informed my girlfriend that after signing the agreement she noticed it said 1st of august not 9th or even 5th. As it now stands all 4 girls have access to the property with only two of the girls having signed the JOINT tenancy agreement but having all paid the total first months rent and deposit. What should she do? is she liable for any rent at all? and if so from the 1st, 5th or 10th??? She cannot contact landlord until mid September and the agents are saying just wait until then. My girlfriend wants to be careful she isn't demonstrating a willingness to pay from the 1st by her now living there. What is her legal situation and what should she do next? The weekly rent for one week comes in at over £600 so you can appreciate her reluctance to pay for time she did not have access to the property during. cheers in advance! markingbad.

    #2
    Was it ever actually agreed that the move-in date could be changed from the 5th to the 9th without having to pay rent for the intervening days? ie, what was said about this at the time?

    What does your GF have in writing about what date the tenancy should have started?

    Comment


      #3
      1. Worth bearing in mind that this isn't an AST
      2. I am not sure it is legal to refuse cash
      3. I think the emails would protect your girlfriend - she should amend the ast to the 5th by hand before she signs.

      Comment


        #4
        Originally posted by Snorkerz View Post
        1. I am not sure it is legal to refuse cash
        It is legal to refuse cash.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by Snorkerz View Post
          Worth bearing in mind that this isn't an AST
          True at present (because weekly rent of £600 = £31 200 p.a.) but:
          a. that will change w.e.f. 1 October; and
          b. thus far, it has no bearing on T's query.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            She received an email stating that the tenancy start date was to be 5th of august. She was also a little aggrieved she could only get keys on the 9th as although the money wasn't in the landlords account, she had A) followed agencies advice to a T and B) offered cash. The money actually went in as my GF informed me this morning on the 7th, but the landlord refused to see them and exchange keys then as he was busy, fair enough. I do not think this is the landlord being funny as i have met him and he seems extremely reasonable, but i think he may be on a n guaranteed rental scheme with the agency as this is his sole property and I think the agency have informed him that the girls wanted to move in on the 1st (the date the property was available from) rather than the 5th (the date the girls agree with the agency and had confirmed via email) I think this as it would save (by crude reckoning) the agency about £500 in rents to landlord. Or am I way off?

            cheers for the quick replies!! Marking

            Comment


              #7
              Originally posted by jeffrey View Post
              True at present (because weekly rent of £600 = £31 200 p.a.) but:
              a. that will change w.e.f. 1 October; and
              So the changes will be retrospective?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Regrettably, yes (unless the Coalition heeds advice and makes them prospective only- as for all Housing Act 1988 amendments to date).

                'Retrospective' in this context means that previously-created but still-running SATs:
                a. are thenceforth (on 1 October) turned into ASTs;
                b. thereupon confer AST rights on T (none of whom can have yet received s.21 Notices); and
                c. theoretically oblige L to protect already-paid SAT deposits or lose the right to serve under s.21 (but my interpretation is that such SAT deposits did not need protection when paid and are not now going to need protection because they were not paid as AST deposits at the time).
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  is there any impact on the girls in my example if they switch to AST from a bare contractual tenancy? what day do you believe my gf and her chums are liable to pay rent from 1st, 5th or 9th?

                  Comment


                    #10
                    Originally posted by markingbad View Post
                    is there any impact on the girls in my example if they switch to AST from a bare contractual tenancy?
                    See my post #5: thus far, it has no bearing on T's query.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment

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