lying estate agents?

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  • lying estate agents?

    I was hoping to rent for the first time with my partner as i am commencing university in september away from home. We filled out all forms and notified them the guarentor form was on its way in the post (as they recieved application forms first)
    At the last minute, the estate agents informs us that they cannot rent to us as my partner as not secured a workplacement.
    are they allowed to refuse us the apartment on account that my partner will not be employed for a short time as we are moving from home even though we have a willing guarantor?
    we will be most grateful to anyone that can help.
    Last edited by chaos; 26-08-2006, 11:18 AM. Reason: some members found offensive

  • #2
    Could you be more specific about the alleged lies?

    Did you provide the name and address of the proposed guarantor to the estate agent and was this followed up by the agent?

    The landlord has the right to offer or refuse the tenancy based on the information provided in the application forms for tenant verification completed by the tenants or the guarantor.

    Was that explained to you?
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


    • #3
      Lying Estate Agents

      You dont have a tenancy until the tenancy agreement is signed.
      All the other checks, including guarantor checks are just part of a referencing process leading up to that point.
      As the other contributor said, the agency should have explained the process.
      That said, if they didn't explain the process there is really not much you can do about it as the agency does not have to explain the process of referencing - it's just poor business on thier part if they didn't!
      You should though be able to seek clarification from the agent on the reasons why, if the application for the tenancy was rejected.
      I hope you get it sorted in the end.
      David Lawrenson
      Topic Expert and auhtor of Successful Property Letting
      www.letting focus.com

      Comment


      • #4
        Lying Estate Agents

        --------------------------------------------------------------------------------

        You dont have a tenancy until the tenancy agreement is signed.
        All the other checks, including guarantor checks are just part of a referencing process leading up to that point.
        As the other contributor said, the agency should have explained the process.
        That said, if they didn't explain the process there is really not much you can do about it as the agency does not have to explain the process of referencing - it's just poor business on thier part if they didn't!
        You should though be able to seek clarification from the agent on the reasons why, if the application for the tenancy was rejected.
        I hope you get it sorted in the end.
        David Lawrenson
        Topic Expert and author of Successful Property Letting
        www.lettingfocus.com

        Comment


        • #5
          Moderator should remove 'lying' From the title of this thread

          David... my main query here is that chaos, in the title of this thread ,accused the agent of lying.

          There was nothing in the original post to substantiate that allegation and chaos has not posted a follow up on my enquiry.

          We know that estate agents can sometimes be economical with the truth or provide an over enthusiastic view of a situation but it is only a few unscupulous agents that would actually be guilty of lying.

          Smear titles like this are denegrating good hardworking, albeit expensive, estate agents

          IMHO the title of the thread should be moderated.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

          Comment


          • #6
            Bad choice of thread title- my apologies.

            basically we had filled out the application form, there is nothing wrong with it, we do not smoke, do not intend on housing pets, which they had recieved. we then noted to them that the guarantor form was on its way, due to my partners parents being on holiday, as we felt what was most important is that they hold the aprartment for us.
            we then had a phone call from the estate agents teling us they could not hold the apartment due to the fact my partner has not found employment in that area( we are moving from one end of the country to the other). we asked if that was what the guarantor form was for, as we planed for parents to pay the first month whilst we settle down and he finds employment. They replied that they would not accept us even though we have a guarentor.

            if that is not what a guarantor form is for, what isit for?
            also are estate agents allowed to this? even though our track record is clean, and have a willing guarantor, just being my partner will not be starting work on the day we move in?
            i am a student so will therefore be relying on my loan which they had nothing to say about.

            thank you so much for your help

            Comment


            • #7
              apologies

              i have attempted to remove the title myself, i apologise for any offense caused to anyone, and understand most estate angencies customer care services are at the highest level, its just this is the second place we have been rejected out of. the first apartment we had pens ready to sign the agreements and someone came rushing out explaining to us we had to be over 21, something which they must have overlooked many times, as our date of birth is plastered on all the application forms.
              the second is refusing to hold the property just yet as my partner has not found employment, even though we have the money through saving up and guarentors.

              My case of what seems to be bad luck has taken a toll on us and formed a bad image of what estate agents are like in my head. again, apologies to all concerned.

              Comment


              • #8
                Hi Chaos,

                When a guarator is required, it usually means that the tenants cannot afford the place. In your case, I am sure that you can and work will be found. However, if I have two prospective tenants lined up, one who passes all checks and one who needs a guarantor, who do you think I will choose?

                Maybe unfair, but just LL protecting investment.

                Comment


                • #9
                  thank you for your help. we have been informed (luckily) that no one has viewed the place since we have been interested in it. its also not that we dont have the money, they have seen my student loan and they should know i can cover rental money for both of us alone, but they are requiring my partner to have a placement for work on the first day of our tenancy, for us to be able to rent which is mightly difficult since we live so far away!

                  i just found it completly absurd that regardles of how much money we have, they require my partner to be in employment.

                  Comment


                  • #10
                    Chaos, at the end of the day a landlord or agent can refuse to let a property to you even if you're the best tenant on the planet (he'd be foolish but he can).
                    Someone landlord require that you're in full time employment as this more or less "guarantees" that you will have a monthly income.
                    You having a student loan doesn't guarantee this: you could spend it all on a car tomorrow and then not pay your landlord.
                    It's all based on "IFs" but landlords prefer to cover their backs and you can't blame them.

                    Comment


                    • #11
                      @chaos.

                      As you have a lump sum available I am wondering if you could offer to pay the rent for more than the usual one month in advance.

                      If I were the landlolrd or agent in this case you might be able to twist my arm with a good guarantor and more rent in advance - especially as you apologised about the lying

                      There is a problem in letting to under 25's in so far as if they become unemployed and need Housing Benefit they do not get the market rate for a small flat. All they will get is a room allowance which will be only a small part of the market rent.
                      Vic - wicked landlord
                      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                      Comment


                      • #12
                        thank you all for your help, i understand that landlords would much prefer renting to the older generation on the assumption that they can provide rent more efficiantly. my partner has interviews lined up and hopefully the apartment is not taken by anyone else before we give the estate agents everything they asked for, which after that they still may chose to refuse us......
                        i just still cant believe this kind of discrimination is at all allowed

                        Comment


                        • #13
                          Originally posted by Jennifer_M View Post
                          Someone landlord require that you're in full time employment as this more or less "guarantees" that you will have a monthly income.
                          Not really, you can be made redundant, these figures are rising now. Also you may be an agency worker with very few rights if they make you redundant.

                          Originally posted by Jennifer_M View Post
                          You having a student loan doesn't guarantee this: you could spend it all on a car tomorrow and then not pay your landlord.
                          I'm amused when this point is made, as if tenants can't handle their savings, as I said they could just as easily lose their job as blow their savings. Besides I expect there are employed tenants that still don't pay their rent.

                          chaos, If you have the cash but not the employment track record then you could try offering to pay some months rent up front. I do this when starting a new tenancy as I've erratic income and no employer references (my own business) but I do have a wad of cash (that I'm not about to blow). You should see the agent's little eyes light up when you offer it.
                          ~~~~~

                          Comment


                          • #14
                            I think there are potential difficulties for landlords accepting large deposits, I seem to recall that if a deposit of greater than 1/6 of the annual rent is paid then the tenant can aquire the right to assign and sublet. Something to do within the Landlord & Tenant Act 1927 I think (sorry, its a long time since I studied this stuff).

                            I have to admit that I am far from up to date with assured shorthold tenancies mind you. No doubt Paul will know and comment.
                            NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

                            Comment


                            • #15
                              I could be wrong Steve, but I think that is only for deposits, not for advance rent.
                              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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