Normal? No mention of Tenancy Deposit Protection Scheme to be used on details sent.

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    Normal? No mention of Tenancy Deposit Protection Scheme to be used on details sent.

    Hello everyone, I wonder if you can help?

    I'm about to sign a 6 month assured shorthold tenancy agreement on a house, reading it through it says that for the last two months of the agreement I must on reasonable notice allow the property to be viewed by prospective tenants during working hours and weekends and also that if at any time during the tenancy the property is put on the market to permit the property on reasonable notice to be viewed by surveyors and purchasers during working hours and weekends.

    Do all contracts say this? It is through a letting agent.

    I'm not sure that I will be happy with people going into what will be my home while I am not there throughout the tenancy if the landlord decides to sell, I will find it invasive and will feel out of control of what is going on in my place of residence.

    Must I allow people into the house for viewings during the tenancy?

    I am perfectly happy for prearranged checks on the property every few months, I understand the landlord needs to see I am looking after everything.

    I really would like a peaceful home without people coming and going for months and people going in when I am not there.

    Do I have to agree to this? Would it be unreasonable to say I don't wish any viewings etc while I am in the property? So I can have peace and quiet and no worries others are going to be gaining access and walking around the house while I am out.

    Also I don't really wish for non emergency major work to be done on the property during the tenancy, again would really like peace and quiet, not disturbances of building or painting etc going on. Could the landlord renovate and decorate while I am living in the property if they decide to improve it?

    I am paying 6 months rent in advance and have a guarrantor so no worries there. I want to keep the place nice, be able to feel it is my home and have my privacy and peace for the full time I am paying rent. Would this be OK?

    What could happen if I say I don't wish people coming in to survey or view the property? But I am happy for arranged checks every few months while I am in to see everything is in order.

    Many thanks.

    #2
    You have a right to refuse any access whatsoever, but considering you may need the LL's reference for a future tenancy, it might be wise to meet them half way. For instance, you could suggest prospective viewings for future tenants could take place for example, on Saturday mornings, or Tuesday and Thursday evenings between 6pm and 8pm.

    It ia unlikely LL would want to renovate or decorate if you are in residence, unless you stay for a considerable time. If you are at all concerned that a LL may gain access regardless of your permission, you can change the locks, so long as you replace the originals, or give the LL a set of new keys when you leave.

    Comment


      #3
      Many thanks for your reply LesleyAnne,

      Yes I might be happy to arrange perhaps prearranged evenings while I am there and/or sat mornings. I would be very interested to know where I would stand legally if there was a refusal to give me a reference simply because I exercised my rights to be able to not have prospective buyers or renters coming into the property?

      Regarding locks, the agreement also states that I must quickly give a copy of the keys to the LL or agent if I change them, what would happen if I didn't do this? I have no intention to do anything wrong but would be nice to know that others cannnot gain entry to the property while I am out or even when I am in bed sleeping!

      Comment


        #4
        LL wouldn't have to give any reason for not giving you a good reference. They may just give you a poor one, or none at all, if you do not comply.

        How would your LL/LA know you had changed locks, unless they had tried to access the property without your permission or prior agreement? If they did happen to do this, they would have to admit to trying to enter the property in order to take any action against you for changing said locks! Many if not most TAs have that clause, but so long as you return the property with original locks, or replacement keys, at the end of your tenancy, there is little LL can do. Only problem would be if there was an emergency situation (flood, burst pipe, gas leak etc), and you were out/away. LL would have to force access and you would be liable for locksmith costs and/or repairs to door.

        Comment


          #5
          Is there any way to protect the 6 months rent I am paying up front?

          Hello, I'm about to be giving 6 months rent in advance, quite a large sum, eek! to the agents of the property I am to rent if I go ahead.

          I'm wondering if there is any way I can protect the money or get a refund if I am forced out of the property through no fault of my own?

          Is there a proceeure in place to protect this money incase things go wrong through no fault of my own?

          Many thanks

          Comment


            #6
            Why are you paying 6 months in advance? Was your credit rating poor?

            I am sure this question has been answered here before, and not too long ago. Have you asked the LL/LA whether LL/owner of the property has consent to let from their mortgage provider? If they do not, this could result in a repo of the property, but even then, you would be given notice to find somewhere else to live.

            What reasons do you feel might force you out before the 6 months? There is very little a LL can legally do to evict you before your fixed term expires.

            Comment


              #7
              Aha great reply Lesley Anne, thanks

              This legal stuff is interesting wish I'd studied law instead now at university....

              I still do wonder whether it would be legal to give a poor/no reference simply for exercising my legal right to not want and so not allow access during my tenancy....libelous/discriminatory?

              Yes I see how the emergency access could potentially be a problem. I wonder if I could stipulate landlord only hold keys and not the agents?

              Comment


                #8
                You are the tenant and sadly you cannot stipulate very much! If LL has employed agent to manage the property, they they may not want to have any direct contact with it themselves anyway. Besides, LL could just as easily enter the property unlawfully (indeed they may be more inclined to if they do not have any understanding of the law and rights of the tenant), so you would likely be no better off.

                Incidentally, I have not studied law. I am just a private LL who has been a member here for some time and picked up a lot of very useful information from the more qualified legal people here.

                May I ask why you are so wary of people coming into your property? Is this your first rental, or have you had problems like this before?

                Comment


                  #9
                  My credit rating is good, have always been sure to pay everything on time, but I am currently out of work hence renting and looking for work, using savings for upfront payment of rent.

                  I'll check the LL has consent from mortgage provider.

                  Is it normal to ask all these requests of a landlord? Do most tenants just go ahead and sign?

                  Comment


                    #10
                    I'm a single woman and I guess I just don't like the idea of strangers coming into the property while I am not there or whenever they like. I've never lived alone before, this will be my first time, and have lived in two houses which were broken into while I was alone in the property so maybe this has left me nervous of others having a key to the property I am living in. Understandably so I think. Also I've never before had anyone I don't know be able to access the property whenever they say they'd like to.

                    I don't really like the idea of people just being able to demand to come in whenever they ask to or have an unknown number of viewers/surveyors come in.. I'd just like to be able to have the place to myself and my friends and family when I invite them for the duration I am paying rent, not strangers, which seems invasive and an intrution on privacy.

                    Comment


                      #11
                      No easy way to protect 6 months rent in advance, The only thing I can suggest is a clear receipt signed by LA as agent for LL.

                      Compile the receipt yourself eg
                      Receipt for 6 months rent (6x £pcm)paid in advance on <date> to <name of LA firm> for renting property <full address> from the commencement of the AST (copy attached).
                      Signed


                      J Smith (Get a sig & clearly printed name)
                      acting as agent for M Bloggs
                      Landlord)
                      dated <date>

                      Just a draft receipt I feel may offer some protection if kept safe with the AST.
                      If Tenancy is properly terminated by eithere side during the 6 months then rent is only due up to date of termination. ASTs cannot be normally be terminated during the fixed term of the AST Equally you cannot just walk away without LL accepting your written surrender of T eg if you have to move for work.

                      Comment


                        #12
                        Thanks Mariner,

                        The receipt sounds a good idea, no I have no intentions of leaving before the end of the 6 months contract, quite the oppposite want to ensure I will not have to leave before the end of the tenancy Hope to be able to settle in and make it home for 6 months and hopefully renew contract again then.

                        Comment


                          #13
                          Normal? No mention of Tenancy Deposit Protection Scheme to be used on details sent.

                          Hi, I've recieved the paperwork and tenancy agreement to read through and have noticed on the sheet entitled "Information relating to the Tenancy Deposit Protection Scheme, Housing Act 2004" that the address of the deposit holder is filled in as the landlords address.

                          Does this mean that the landlord will be holding the deposit?

                          Just checking is this how it should be, should the form contain details of the Protection scheme to be used. Or should I recieve these details once the contract is signed?

                          Many thanks

                          Comment


                            #14
                            Lesley Anne's reply is comprehensive.
                            All the clauses you mention are typical for most AST Agreements but cannot overide your legal right to 'quiet enjoyment' of property.
                            Personally I would not raise the issue of viewings until the situation arises, sets wrong tone from outset.
                            If the LL/LA has rented the property before there may be stray keys floating around with ex Ts so offer to replace locks at your expense and provide LL or LA with one set. If uPVC exit/entry doors then lock barrels can be replaced easily and inexpensively.
                            Agree a Schedule in writing for inspection visits by appointment with 48hr min Notice say once every 2 months during first 6 months. This will help allay fears you have something to hide. Some res lets are used solely for cannabis farms, electrics can be overloaded (fire risk) Police raids etc.
                            As for refs, not much you can do except keep LL/LA on your side.
                            Note you may receive a precautionary s21 notice early on. It cannot be implemented during fixed term of AST.
                            Enjoy.

                            Comment


                              #15
                              The only other factor may be claiming Local Housing Allowance (HB) Many LLs are wary of HB because the payment rules can change at short notice and many LL Ins Co's prohibit HB claimants.
                              You need some cash reserve to subsist so 6 months rent up front is a serious wedge of cash you no longer have access to.
                              I note from your other post you also have a Guarantor. I may be inclined to offer the max 2 months equiv rent as a deposit and regular monthly rent payments to avoid a cashflow crisis. Tho ths may not be accepted and you could lose the property - NEGOTIATE

                              Comment

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