Overseas tenancy application

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  • bill65
    replied
    Rent issues from the land through the tenant, therefore money payed before taking possession, even if express to be so, my well be construed as taken a fine
    .
    What I would recommend is that you both are on the land, exchange the use of the land in return for the money payment, if the tenant agrees to pay rent upfront that may not be construed as taking a fine. Since rent can only be demanded when it becomes legally due, if you both agree otherwise, that to answer you question should be, as you say safe.



    P.S there is only one law in this land that is sacrosanct, and that is the right to question it.

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  • Bel
    replied
    Originally posted by bill65 View Post
    Sorry for the late reply.
    A find in relation to land in the old day's was payed to the lord to renew an inheritance. Today the taking of such, could change the colour of your agreement, such as giving the right to assign the tenancy and an automatic right to renew the interest in the land. But I would seek assistant from a solicitor. As I said it could be construed this way.

    When you make a contract to give an interest in land prior to the tenant taking actual possession, you have a contract for a lease the actual relation of landlord tenant takes place only when the tenant takes possession. Therefore money payed before, could be construed as taking a fine.
    Or, to express the matter in an other way, taking a propriety interest in the land.
    So Bill; would your advice be that the accepting of 6 months rent in advance would be 'safest' if done just as the keys are handed over?

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  • jeffrey
    replied
    Sorry for delay, and whilst I appreciate that it's now academic (but, hey, why is "academic" a term of opprobrium anyway?), here's the problem with diplomatic immunity previously mentioned.

    If the non-UK tenant has DI, you can't take him to court at all.
    Schedule 1 to Diplomatic Prvileges Act 1964 implements the Vienna Convention- no, not to do with sausages but concerning diplomats.

    Article 31.1 gives immunity from civil action. Certain ares are not immune (eg "a real action relating to private immovable property...unless he holds it...for the purposes of the [diplomatic] mission"). This wording is unclear but would leave it impossible to sue a diplomat for debt or -probably - for anything short of possession on a tenancy.

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  • ctaniab
    replied
    Thanks, Bill, that makes a bit more sense to me!
    But it's now sadly academic. The sod has pulled out "due to an unforeseen change in circumstances", just 24 hours after I forked out nearly 40 quid for an overseas credit check. Live and learn!

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  • bill65
    replied
    Sorry for the late reply.
    A find in relation to land in the old day's was payed to the lord to renew an inheritance. Today the taking of such, could change the colour of your agreement, such as giving the right to assign the tenancy and an automatic right to renew the interest in the land. But I would seek assistant from a solicitor. As I said it could be construed this way.

    When you make a contract to give an interest in land prior to the tenant taking actual possession, you have a contract for a lease the actual relation of landlord tenant takes place only when the tenant takes possession. Therefore money payed before, could be construed as taking a fine.
    Or, to express the matter in an other way, taking a propriety interest in the land.

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  • ctaniab
    replied
    Bill, please excuse my ignorance but I don't understand what that means. Am something of a novice - could you spell it out for me? Very briefly, what does s.54(1) say? What else might you suggest instead of taking 6 months rent?

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  • bill65
    replied
    Be careful how you accept the six months in advance, make sure the tenant is in actual possession of the land, for if not, it could be construed as taking a fine therefore taking it out side S54(1) L.P.A.

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  • ctaniab
    replied
    Pippay, your post is incredibly helpful. Thanks for your time. I'll follow thru and if there are any difficulties I'll share them on this site.

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  • pippay
    replied
    Just a few observations ..

    Originally posted by ctaniab View Post
    1) He says he's been living in the states for about 22 years, so presumably no credit history here? No Is there any way I can get his US credit history checked?? I believe there is .. check the web - don't know costs but it is possible but before you do that , ask him what his social security number is - they use that for everything !

    2) He's emailed me scanned images of what appear to be bona fide business credit cards for his company in the US, (which he says he's in the process of selling to allow for his move back home) which also have his name on, and correspondance from his bank showing his stated address. His company has a very professional-looking web site, for whatever that's worth. Have you tried phoning it and asking for him to see if he actually works there and in what capacity? ? Also try faxing the Bank asking for a bankers reference - the worse they can say is no, we can't give you a reference

    3) Also sent were clearly stamped docs from British Embassy in China confirming his marriage there to chinese wife (6 years ago). All appar legitimate.

    4) He says he and his wife are intending to establish a company here once they've settled, so no future employer to check out. But like I say, he says he will provide 6 months rent in advance, from the proceeds of sale of his business. He has offered to forward contact details of his current landlord.
    Definitely get a reference from him ..

    5) Jeffrey, I'm not sure what the diplomatic immunity thing is about - please could you explain? If someone has diplomatic immunity, it means they cannot be held accountable in our judicial system.

    If I decide it's worth taking a risk with this family, what might I consider doing/putting in place to minimise said risks?

    What I'm thinking is, you can never be 100% certain about any tennant, but if we have 6 months rent in the bank, that gives us some considerable advantage if there prove to be difficulties.

    How about six months down and then they start paying monthly from month four, meaning you will always be two months in advance. It gives you more warning if he defaults on the first monthly rent, to give him a S21 without having, at this stage, lost any money so to speak..

    Any further thoughts/advice would be very much appreciated.

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  • ctaniab
    replied
    Eric and Jeffrey, thanks for your comments and expertise. Since my original posting I've spoken to this guy by phone. Hard to be sure, but he and his circumstances sound legit.

    1) He says he's been living in the states for about 22 years, so presumably no credit history here? Is there any way I can get his US credit history checked??

    2) He's emailed me scanned images of what appear to be bona fide business credit cards for his company in the US, (which he says he's in the process of selling to allow for his move back home) which also have his name on, and correspondance from his bank showing his stated address. His company has a very professional-looking web site, for whatever that's worth.

    3) Also sent were clearly stamped docs from British Embassy in China confirming his marriage there to chinese wife (6 years ago). All appar legitimate.

    4) He says he and his wife are intending to establish a company here once they've settled, so no future employer to check out. But like I say, he says he will provide 6 months rent in advance, from the proceeds of sale of his business. He has offered to forward contact details of his current landlord.

    5) Jeffrey, I'm not sure what the diplomatic immunity thing is about - please could you explain?

    If I decide it's worth taking a risk with this family, what might I consider doing/putting in place to minimise said risks?

    What I'm thinking is, you can never be 100% certain about any tennant, but if we have 6 months rent in the bank, that gives us some considerable advantage if there prove to be difficulties.

    Any further thoughts/advice would be very much appreciated.

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  • jeffrey
    replied
    Be careful- do they have diplomatic immunity, for instance?

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  • Ericthelobster
    replied
    Originally posted by ctaniab View Post
    How easy is it to get credit checks and references done for tenancy applicants (UK citizen and Chinese spouse) who are currently residing in the US?

    They inform me they are relocating to UK, and are willing to pay deposit and 6months rent up front, by bank transfer. I have seen what appear to be bona-fide bank and business details (scanned images sent by email).
    I wouldn't be too happy myself; however the 6 months rent up front is certainly a good sweetener. Follow up the business details yourself to satisfy yourself they aren't faked. Do you have future employment details for them in the UK? Can you get that ratified independently too? How long has the bloke been out of the UK - does he have any credit history here?

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  • ctaniab
    started a topic Overseas tenancy application

    Overseas tenancy application

    How easy is it to get credit checks and references done for tenancy applicants (UK citizen and Chinese spouse) who are currently residing in the US?

    They inform me they are relocating to UK, and are willing to pay deposit and 6months rent up front, by bank transfer. I have seen what appear to be bona-fide bank and business details (scanned images sent by email).

    Am I mad to even consider such an applicant?

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