Moving into first flat in a week - please help !

[Mattt1290]

Hi guys, first post.

Right then. Yesterday me amd my missus visited a 1 bed flat in Cardiff, unfurnished, bit of work to be done, but very nice. I am worried about being done over and trusting my agency, they are.. Bannits. I have seen some awful things written about them and I am just trying to get advice, and help from people in order to stop a future problem that might arise.

I have signed an "onsite sign up form" yesterday, explaining that I will be moving in on the 21st. It includes details on my deposit and admin fees and what I have asked and what we have agreed to be done to the flat before next Friday. I assume this is not my contract? They haven't signed it and the agent hasn't put her last name down.

I have been told I can pop in through next week to view the flat to make sure that all we agreed on, is being done. I plan on doing so.

Now I await my tenancy agreement via e-mail. which still has not been sent.

Some things majorly worrying me with Friday sure to turn up in no time.

1. What if the agreed work is not done? Am I ok to refuse to move in and sign the tenancy agreement?
   
   I haven't been given or gone over an inventory form yet. Do I do this after I move in?
   
   Not been given log reference number for any problem that might require a report etc...
   
   Not shown certificates. I also haven't been given anything stating 'my deposit' protection on it after paying my deposit. I was given the ladies word that this was the case, as with everything else I am mentioning and the improvments to the flat I wanted to be done before I move in.I literally made her swear by her word
   
   No landlord details given, I.E direct contact number just a load of agency stuff
   
   They have not evenh mentioned insurance

Now, other than that. They tried to take payment over the phone, then at the flat, before eventually taking me to an office after I insisted should be where I pay, however this was not their proper office, as I was told 2/3 times. Then I gave my details of my card and this on site form. Got a receipt verified by Adelante, but I didn't enter my details into a machine, just onto a piece of paper, they took them to the "landlord" , who was in a seperate room, and came out with the receipt. Adelante are a electronic pruchashing protection thingy company AFAIK?

Now I could just be major paranoid. But I have read horror stories and refuse to have my own in this case. I have had some pretty shocking luck over the years.
But this has all gone fast, my head is majorly stressed and I struggled yesterday to concentrate and cover everything due to my missus constantly yapping and saying how great it was and how picky I was being. Now I am massively worried.
Despite probably being one of their more picky customers yesterday, I still didn't cover and get everything that I wanted.

Now, I know I still have lots to learn (hopefully from you guys) and I'm hoping, bringing this up here, will either put my mind at rest, help me put my mind at rest, or stop me getting messed around, as I expect as soon as they take that first payment and bond Friday, they will suddenly switch off and not give a rats backside.

Cheers all.

[LesleyAnne]

Hi there,

To be honest I don't know what the usual "Letting Agent" routine is, but I let privately, and I give my prospective T a draft copy of the TA and Inventory to take home, read through and query anything they are not happy with PRIOR to meeting to sign up on the day the tenancy starts. You cannot espect a T to read and sign a multiple page document and take in all the clauses on the day they sign. Ask for a copy now.

I understand it is normal for LA to only give their contact details in the first instance. They are the point of contact for the LL, and they do not have to divuldge the LL address, unless you ask them, in which case I think they are obliged to tell you. I can understand LL's being a littlecagey about giving their details to T's. If they live in the same area, they probably employing an agency as they don't want the hassle of having a T turn up on the doorstep in the middle of the night saying they have a leaking pipe. Don't assume they LL is on the fiddle - they may be a single female for instance, who doesn't want their identity known to their T. Not all LLs and LAs are out to rip of their Ts!

However, I undertand your caution and you are perfectly right to want to be confident everything is OK before you sign up. The tenancy agreement should give you details of where your deposit is being held, but if you only handed over the money yesterday, they will not have the reference numbers yet to give you anyway. If the LA uses one of the recognised schemes it can sometimes take a couple of days to process the paperwork, so make sure you ask for copies and keep on until your get them.

If you want to see certificates etc, then ask for copies. LA may assume you are taking their word for it as I am sure T's often do.

What sort of insurance are you expecting? It is normal in an unfurnshed property that the LL will only insure the building for his own losses, not the contents which is the T's responsibility.

Before you sign anyhting, ask all these questions of the LA, and even request another viewing if you want to. Ask for copies of the TA and inventory to look through thoroughly and highlight anything you are not happy with. Obviously the changes you have requested are done to the flat may change the inventory, but there should be a draft version you can see for now.

What sort of work have you agreed will be done to the flat? If you have signed an agreement that this will be done BEFORE you move in, I think you are within your rights to refuse to accept the property if the work is not completed.

I stand corrected if anything I mentioned above is incorrect, but that is how I would handle the situation. If in doubt - don't sign anything!

[Mattt1290]

Thank you for the reply.

The flat will be semi furnished as I have negiotated the price to include a double bed and mattress and sofa. So assumed they would mention some sort of insurance policy. Not a big deal as I can sort that out, but previous agencies we have looked at flats with bring insurance up. (sorry for leaving that out intially !)

As for a draft copy. They have not e-mailed me anything yet and it is coming up to 24 hours. But I respect that it may take time. They do however expect me to sign something via an online signature software. But I am more likely to print it off and take it with me on the move in day which is agreed to be Friday. Hopefully they bring all the paperwork you mention or even e-mail me them soon. I believe they are closed weekends now. Just found that out.

The things listed on this on site sign up form thing to be done are:
Sofa+double bed and mattress
Flat painted
Damp removed (this is not a biggy at all, I don't know if there is any damp ! Just me being picky)
Screws fixed(they were sticking out of a cupboad)
Tile in bathroom
Fill in crack by front door and around house
Cleaned
Fridge freezer.
Doors glossed

That is what I have on the form, and this is what we agreed to be done before I move in. They said they could do it early next week, but I said I wanted them to have ample time and made it Friday.

I hope I aint coming aross like a bit of an paranoid idiot. Just majorly conservative I guess. They didn't give off the most professional and comfortable vibes to me yesterday and I don't want to be messed over as it is just my luck.

[Springfields]

You're perfectly within your rights to see a contract and read it/consider it prior to moving into the property. To be honnest, I don't think they could hold you to the pre-contract anyway because you haven't had sight of the tenancy agreement, and thats the most important factor (thats whether the items are agreed or not, and should be titled subject to contract).

[Mattt1290]

Thanks for the reply.

Must say I am so nervous about this whole thing. Pray it goes well !!

[Snorkerz]

I have signed an "onsite sign up form" yesterday, explaining that I will be moving in on the 21st. It includes details on my deposit and admin fees and what I have asked and what we have agreed to be done to the flat before next Friday. I assume this is not my contract? They haven't signed it and the agent hasn't put her last name down.

Can't really tell you if this is your tenancy agreement without seeing it. I would guess not, but...

What if the agreed work is not done? Am I ok to refuse to move in and sign the tenancy agreement?

Providing you haven't signed the tenancy agreement beforehand, then yes. HOWEVER - check that the form you have signed doesn't have any conditions.

I haven't been given or gone over an inventory form yet. Do I do this after I move in?

Don't worry about this - the inventory is primarily for the landlords benefit in case he has to prove any damage. You don't need it - but it wouldn't harm to take lots of photos if you move in without one.

Not been given log reference number for any problem that might require a report etc...

Not sure you would need this. If the agency are going to take your monthly rent, then generally, you'd just phone the agency. If it's the landlord - you'll be given his number.

Not shown certificates. I also haven't been given anything stating 'my deposit' protection on it after paying my deposit. I was given the ladies word that this was the case, as with everything else I am mentioning and the improvments to the flat I wanted to be done before I move in.I literally made her swear by her word

You should have some sort of receipt for your deposit - but they have 14 days from the sart of the tenancy to provide you with the deposit protection certificate etc.

No landlord details given, I.E direct contact number just a load of agency stuff

The landlords name will be on the tenancy agreement - Your contract is with him.

Depending on the arrangement with the agency, you will also be given his address or the agents address. If the latter, you have the right to make a written request for the landlords details.

They have not evenh mentioned insurance

What insurance? It is the landlords responsibility to insure his belongings, your responsibility to insure your own. If the landlord does anything to cause you harm, he will be liable - insurance or no insurance.

[Mattt1290]

Thanks snorkerz.

I have my tenancy and am still to sign it. The tenancy doesn't mention anything about 'mydeposit' under the deposit section but states the landord to hold the deposit etc..
What do I do? I've asked for certificates, do I sign my tenancy now? Could they say,
"What? we don't use mydeposit scheme it clearly states landlord holds it"
once they have my signature?

Also, no landlord name or contact, just the agency address, nothing else, as the owner of the agency is the landlord apaprently?

Nearly there now, just continue to need support and reassurance to make sure I don't get done over !!!

Thanks in advance.

[Snorkerz]

Thanks snorkerz.

I have my tenancy and am still to sign it. The tenancy doesn't mention anything about 'mydeposit' under the deposit section but states the landord to hold the deposit etc..

Then ask which deposit scheme. They are NOT ALLOWED to keep the deposit unless it is registered with TDS or MyDeposits. The other alternative is they send the money to the DPS. (Housing Act 2004, sections 213 - 215)

What do I do? I've asked for certificates, do I sign my tenancy now? Could they say,
"What? we don't use mydeposit scheme it clearly states landlord holds it"
once they have my signature?

Well, you could ask if it is protected by DPS, TDS or MyDeposits. If they are still sounding dodgy, then be cautious, but even if it isn't protected from the start, you'll be able to get it protected. As I said above - they have no choice, no matter what the agreement says.

Also, no landlord name or contact, just the agency address, nothing else, as the owner of the agency is the landlord apaprently?

Might be worth spending £4 at the land registry website to find out who actually owns the property. If it is the agent - then fine.

Just a thought.... You are in England or Wales aren't you?

[Mattt1290]

Cheers mate.

I'm in Wales.

Just spoke to them as soon as I read your post infact, and the deposit certificate with ref numbers etc... will be given to me after I pay the deposit in full. Still to do that !

As to the landlord. The woman put my mind at rest when I asked her about the situation. There is a landlord who is the managing director as she put it, and doesn't get involved unless he has to, and a man who runs the company, but isn't the landlord. They own all the properties they let and sell, so they are like an agency landlord? Lol.