Letting Agency charge for external check out

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

    #16
    Originally posted by HairyLandlord View Post
    Not so. You can read the tenancy agreement and query anything before signing.
    If you didn't, read the tenancy agreement, for whatever reason, you then agree to be subject to all the effects of not reading the tenancy agreement before signing it.

    I specify in my agreements that check out cost (which the tenant pays) will not exceed a certain amount, but the this cost is till far away from that amount (just covering myself).

    You have learnt an important lesson at very little cost.
    I would have thought you would be quite grateful instead of complaining about something that hasn't really happened to you.
    Err... not quite dear sir.,... if a clause in tenancy is unenforceable or illegal then the mere signing of it doesn't make it so.. e.g. Tenancy says of a monthly AST/periodic, paid monthly.. "Tenant must give 8 months notice delivered by a man in a top hat"... is very interesting but, as we know, T only has to give at least 1 month notice expiring on first of last day or period when periodic... see
    http://england.shelter.org.uk/get_ad...ld_tenancies#2

    Too many Landlords think they can write whatever clauses they like & get away with it..(presumably through ignorance or worse.??.). Sadly, too many tenants meekly accept what the landlord tells them..

    Cheers!

    Artful
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #17
      Originally posted by red_jude View Post
      Believe me we have learnt a very important lesson but I don't agree at little cost.
      We moved into that house on the understanding it would be 'forever' if we wanted it to be.
      We made it our home, we had permission to get professional decorators in all at our cost, apart from problem to his property we didnt ask for anything. Paid the rent on time each month - in fact a week before it was due!
      The T & C were very clear, we understood them, I read everything inside out and we did know there would be a check out charge, we also knew this could increase.
      We weren't too bothered by that, we weren't looking to move remember. So when the check out was imminent it wasn't obvious to us how much it had increased and the info wasn't forthcoming.

      Please don't tell me a lesson has been learnt at little cost, this experience has almost caused a mental breakdown, a relapse from a heart condition and financial meltdown.
      The lesson I will remember is never believe a LL who says the property is yoiurs for a long as you want but isn't forthcoming about making the lease longer than 12 months -initially. He was just an out and out business man with too many properties that he didnt care, oh! and he was a liar! bitter, cynical, me?
      I don't want to be harsh, but do you really expect a landlord will "give" you a house for ever?

      The landlord has bought, or is renting, the house for a reason or a multitude of reasons.

      These reasons may include providing an income for him/her, providing some kind of pension for when he/she retires, or for another generally financial reason. To make the best use of the asset the landlord will generally decide to sell at some point in the future. Very wide generalisation, as this may not fit into the landlords strategy or lifestyle. However at some point the property is more than likely going to be sold. As a tenant you can expect this to happen. You can also expect a future buyer of the property to either want it to move into themselves, or even to increase the rent or get someone else in the property paying more rent. If you are lucky the new buyer may want you to stay.
      Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

      I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

      Comment


        #18
        We moved into that house on the understanding it would be 'forever' if we wanted it to be.
        If that was said (?written?) to you "you can stay forever" then, perhaps, either...
        a) Whoever said it was an idiot or a crook.. (IMHO)... or...
        b) Actually what was said was "If you are happy & I the landlord am happy you can stay as long as you like"... (That's what I tell my tenants...)..

        Mind you, I grant thinking about it I don't think I've said, and perhaps I should say, "If you are happy & I the landlord am happy ... and I don't decide to sell/leave it empty/chuck you out just because I can... you can stay as long as you like"
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #19
          Originally posted by theartfullodger View Post
          Err... not quite dear sir.,... if a clause in tenancy is unenforceable or illegal then the mere signing of it doesn't make it so
          Please point to exactly where I have said that whatever is written in a tenancy agreement is enforceable?

          Comment


            #20
            Originally posted by red_jude View Post
            We moved into that house on the understanding it would be 'forever' if we wanted it to be.
            You cannot surely believe that?

            Originally posted by red_jude View Post
            this experience has almost caused a mental breakdown, a relapse from a heart condition and financial meltdown.
            Because of 110 quid?

            Originally posted by red_jude View Post
            never believe a LL who says the property is yoiurs for a long as you want but isn't forthcoming about making the lease longer than 12 months
            This is quite normal as a LL cannot know what will happen to the market within 12 months (usually) and so creating a tenancy for longer than 12 months puts the LL at risk of potentially losing rent.
            In addition, the landlord won't know how the tenant is going to work out and having a tenant that turns out to be less than satisfactory is thus a problem for a long term tenancy.

            In addition, 99% of AST tenants do not want to commit long term, so 12 months (or often less) ends up being the norm for most tenancy agreements.

            You also have to realise that the vast majority of tenants are transitory people and so are their circumstances and decision making.

            Comment


              #21
              Originally posted by HairyLandlord View Post
              Please point to exactly where I have said that whatever is written in a tenancy agreement is enforceable?
              Are, right HL... so....

              Not so. You can read the tenancy agreement and query anything before signing.
              If you didn't, read the tenancy agreement, for whatever reason, you then agree to be subject to all the effects of not reading the tenancy agreement before signing it.

              I specify in my agreements that check out cost (which the tenant pays) will not exceed a certain amount, but the this cost is till far away from that amount (just covering myself).

              You have learnt an important lesson at very little cost.
              I would have thought you would be quite grateful instead of complaining about something that hasn't really happened to you.
              Is you just trying it on with tenants to see what you can get away with and you understand exactly what the law is?? Well, we are now entirely clear on your ethics and moral position...

              Is that how you expect to be treated yourself?? By tenants ?? Letting agents, and solicitors etc. etc. etc...
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #22
                Originally posted by theartfullodger View Post
                Is you just trying it on with tenants to see what you can get away with and you understand exactly what the law is?? Well, we are now entirely clear on your ethics and moral position...

                Is that how you expect to be treated yourself?? By tenants ?? Letting agents, and solicitors etc. etc. etc...
                This refers to someone else's tenancy agreement, of which I cannot know what is inside (bar the one mentioned by the OP) but which I have to assume are legit.
                If we start off on the basis that most landlords are carrying on with unenforceable or illegal tenancy agreements/clauses, then we might as well call our society a jungle and act accordingly.

                I think you have read more into my statement than was there, again, without asking questions.

                Comment


                  #23
                  Originally posted by Wickerman View Post
                  I don't want to be harsh, but do you really expect a landlord will "give" you a house for ever?
                  The LL said he wanted to let the house for as long as we wanted to stay there.
                  The previous tenant vandalised the property and had to be evicted, before that he had 3 short term tenants.
                  This is a man who apparently owns most of the property and land in the village, the house was built by him and his family for his farmworkers in the 30's, he made his millions by providing the materials to build sections of the A1.
                  This is not a man who wanted the property to sell to finance his lifestyle or because he wanted to live there.
                  Its quite surprising what 'google' will tell you about people but we are small fry compared to him.
                  He made money from the property because he could, we were happy to pay the amount he asked, he still lied at the beginning of the tenancy.

                  Comment


                    #24
                    Originally posted by HairyLandlord View Post

                    Because of 110 quid?
                    Please don't be so flippant about something you know nothing about!

                    Comment


                      #25
                      Originally posted by red_jude View Post
                      The LL said he wanted to let the house for as long as we wanted to stay there.
                      The previous tenant vandalised the property and had to be evicted, before that he had 3 short term tenants.
                      This is a man who apparently owns most of the property and land in the village, the house was built by him and his family for his farmworkers in the 30's, he made his millions by providing the materials to build sections of the A1.
                      This is not a man who wanted the property to sell to finance his lifestyle or because he wanted to live there.
                      Its quite surprising what 'google' will tell you about people but we are small fry compared to him.
                      He made money from the property because he could, we were happy to pay the amount he asked, he still lied at the beginning of the tenancy.
                      I'm sorry you were disappointed that you could not live there forever, but in the end the only guarantee of lifelong accommodation comes with a property you buy yourself, outright, or if you are an assured tenant with a tenancy which goes back decades. Even owner-occupiers with mortgages have no absolute security of tenure. That's life, I'm afraid. It was shabby of your LL to promise you something he could not guarantee, but perhaps rather naive of you to believe such an improbable 'promise.
                      '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


                        #26
                        Originally posted by mind the gap View Post
                        Even owner-occupiers with mortgages have no absolute security of tenure.
                        but perhaps rather naive of you to believe such an improbable 'promise.
                        Yes we found out we had no security of tenure even being an owner-occupier and also being naive as non existent experience of being a tenant.

                        But thats life, always a learning curve.

                        Comment


                          #27
                          Originally posted by HairyLandlord View Post
                          This refers to someone else's tenancy agreement, of which I cannot know what is inside (bar the one mentioned by the OP) but which I have to assume are legit.
                          If we start off on the basis that most landlords are carrying on with unenforceable or illegal tenancy agreements/clauses, then we might as well call our society a jungle and act accordingly.

                          I think you have read more into my statement than was there, again, without asking questions.

                          If I have unfairly commented, apologies, (of course).
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #28
                            Originally posted by red_jude View Post
                            Please don't be so flippant about something you know nothing about!
                            I wasn't.
                            I was responding to what you wrote and concluded that a minor increase in the cost of the check out charge affected you significantly, which seems bizarre.
                            If I have misread/misunderstood please tell me.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X