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  • FIRST POST
    • sculptureofman
    • By sculptureofman 15th Sep 17, 9:57 PM
    • 2Posts
    • 0Thanks
    sculptureofman
    Cooling off period for rentals?
    • #1
    • 15th Sep 17, 9:57 PM
    Cooling off period for rentals? 15th Sep 17 at 9:57 PM
    Me and my flatmate have recently moved into a new flat only two days ago. The flat itself is lovely, as is the area. Only major issue is the main access to the location is via a key fob. The landlord has only supplied us with one (which my flatmate has taken) I signed the contract foolishly, not knowing this would be the case and have messaged the landlord asking what my options are and if he can retrieve one. He says he'll ask around and try to get one cut (I've asked this myself and most places won't do it) but he doesn't sound confident with it.

    The initial contract is 6 months but I don't want to have to pay rent if I can't access my flat without my flatmate allowing me to enter! I do have keys to the place but they're useless without the fob. What are my options, can I back out now or do I need to find another alternative? Thanks.
Page 1
    • HampshireH
    • By HampshireH 15th Sep 17, 10:02 PM
    • 33 Posts
    • 28 Thanks
    HampshireH
    • #2
    • 15th Sep 17, 10:02 PM
    • #2
    • 15th Sep 17, 10:02 PM
    I've never come across a tenancy with a cooling off period.

    The landlord should provide you with full access to the property.

    The freeholder should be able to get a new fob programmed for a fee.

    If there is a HA freeholder they would normally do this for the leaseholder or a management company would. Again both for a fee.

    Neither should do it for a tenant as the contract is between leaseholder and freeholder. Tenant could be anyone.
    • Narkynewt
    • By Narkynewt 15th Sep 17, 10:16 PM
    • 97 Posts
    • 14 Thanks
    Narkynewt
    • #3
    • 15th Sep 17, 10:16 PM
    • #3
    • 15th Sep 17, 10:16 PM
    It should be quite a painless process to get a new fob activated. Explain to him that you need a fob although I find it strange that he thinks it's ok for you to share one.

    Is it a private letting?
    Last edited by Narkynewt; 16-09-2017 at 9:12 PM.
    • sculptureofman
    • By sculptureofman 15th Sep 17, 10:19 PM
    • 2 Posts
    • 0 Thanks
    sculptureofman
    • #4
    • 15th Sep 17, 10:19 PM
    • #4
    • 15th Sep 17, 10:19 PM
    I've explained to him I can't move in without a fob so I can gain full access to the property. He's left a note on the property to see if anyone knows how to obtain one (which makes it seem like he has no clue) and says he'll take it to a door entry specialist and have it duplicated (again, I highly doubt this as I've been in contact with a few)

    Yes, its private let.
    • G_M
    • By G_M 16th Sep 17, 12:12 AM
    • 41,039 Posts
    • 47,141 Thanks
    G_M
    • #5
    • 16th Sep 17, 12:12 AM
    • #5
    • 16th Sep 17, 12:12 AM
    Ask the landlord. He owns the flat and is the leaseholder. He should be able to get one off the freeholder, or the freeholder's management company.

    If you don't have contact details for the landlord, then either

    * ask the agent to ask the landlord, and/or
    * ask the agent for the landlord's phone number, and/or
    * write the agent a letter requesting the landlord's address, quoting the Landlord & Tenant Act 1985section 1

    1 Disclosure of landlord’s identity.

    (1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

    (a)any person who demands, or the last person who received, rent payable under the tenancy, or

    (b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

    that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

    (2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
    No. There is no cooling off period.
    • Norman Castle
    • By Norman Castle 16th Sep 17, 8:25 AM
    • 6,147 Posts
    • 4,927 Thanks
    Norman Castle
    • #6
    • 16th Sep 17, 8:25 AM
    • #6
    • 16th Sep 17, 8:25 AM
    He's left a note on the property to see if anyone knows how to obtain one (which makes it seem like he has no clue) and says he'll take it to a door entry specialist and have it duplicated (again, I highly doubt this as I've been in contact with a few)
    Originally posted by sculptureofman
    For electronic keys the system has to be programmed on site to accept them which is why duplication is not possible.
    The landlord needs to contact whoever manages the property. Try asking the neighbours if they have contact details.
    Don't harass a hippie. You'll get bad karma.
    • AlexMac
    • By AlexMac 16th Sep 17, 9:15 AM
    • 1,888 Posts
    • 1,659 Thanks
    AlexMac
    • #7
    • 16th Sep 17, 9:15 AM
    • #7
    • 16th Sep 17, 9:15 AM
    Its the LL's problem. If he/she is so clueless, do they really own the flat? Or are they illegally subletting a Council or HA property (I own an ex-Council leashold flat and there is a simple procedure for getting mor/relacement fobs)
    • Mrs pbradley936
    • By Mrs pbradley936 16th Sep 17, 9:58 AM
    • 12,589 Posts
    • 18,889 Thanks
    Mrs pbradley936
    • #8
    • 16th Sep 17, 9:58 AM
    • #8
    • 16th Sep 17, 9:58 AM
    They will charge you about £30 - it can be easily done BUT only by the right people.
    • eddddy
    • By eddddy 16th Sep 17, 10:04 AM
    • 5,122 Posts
    • 4,774 Thanks
    eddddy
    • #9
    • 16th Sep 17, 10:04 AM
    • #9
    • 16th Sep 17, 10:04 AM
    The LL should sort the key fob issue out, but as the LL sounds a bit incompetent...
    • Find out who the management company is for the block, phone them and explain that you are a tenant an flat x.
    • Ask them all the details of what your LL has to do to get an additional key fob (who he has to contact, how much he has to pay etc).
    • Tell the LL exactly what he needs to do, based on the info from the management company.

    (Note that it's the management company for the block that you need to contact, not the letting agent.)

    I have to say, if your LL can't sort out a simple thing like this, I'd be worried about his ability to deal with his other LL duties.
    • PasturesNew
    • By PasturesNew 16th Sep 17, 10:13 AM
    • 59,847 Posts
    • 349,966 Thanks
    PasturesNew
    Is there a letting agent?

    Do you have the landlord's address?

    Turn up at those every time you want to be let into your flat ... every time.

    Make a right nuisance of yourself, coming/going 20-30x a day/night until you get access.

    Go out/in just for the darned sake of it.
    • theartfullodger
    • By theartfullodger 16th Sep 17, 10:30 AM
    • 8,875 Posts
    • 11,728 Thanks
    theartfullodger
    Is there a letting agent?

    Do you have the landlord's address?

    Turn up at those every time you want to be let into your flat ... every time.

    Make a right nuisance of yourself, coming/going 20-30x a day/night until you get access.


    Go out/in just for the darned sake of it.
    Originally posted by PasturesNew
    I appreciate the sentiment & needs but, that would be harassment - see Protection from Harassment Act 1997 s1(2)
    http://www.legislation.gov.uk/ukpga/1997/40/section/1
    (2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
    Is recommending unlawful action against forum rules?
    • mrginge
    • By mrginge 16th Sep 17, 10:36 AM
    • 4,114 Posts
    • 7,240 Thanks
    mrginge
    My guess is that the freeholder doesn't know the LL has let the flat.
    • csgohan4
    • By csgohan4 16th Sep 17, 10:49 AM
    • 3,764 Posts
    • 2,351 Thanks
    csgohan4
    I hope your desposit is protected, if not let LL know you will be contacting the right people about the LL renting and lack of deposit.

    remind the LL of their responsibilities and that you can sue for many times more than the deposit

    You wouldn't buy a new car with no keys provided
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • davidmcn
    • By davidmcn 16th Sep 17, 11:25 AM
    • 5,767 Posts
    • 5,524 Thanks
    davidmcn

    You wouldn't buy a new car with no keys provided
    Originally posted by csgohan4
    But they haven't provided no keys, they've provided a disappointingly low number of keys. I'm not aware of any implied term that you get two sets of keys.
    • G_M
    • By G_M 16th Sep 17, 11:34 AM
    • 41,039 Posts
    • 47,141 Thanks
    G_M
    But they haven't provided no keys, they've provided a disappointingly low number of keys. I'm not aware of any implied term that you get two sets of keys.
    Originally posted by davidmcn
    Interesting point.

    Joint tenancy. Both tenants entitled to access.Does giving a single key to 'The Tenant' suffice, or does each individual joint tenant have a right to access........?

    Not that I recommend going down the route of determining this. Just get in touch with the LL and/or management company.
    • boliston
    • By boliston 16th Sep 17, 12:33 PM
    • 2,377 Posts
    • 1,946 Thanks
    boliston
    Interesting point.

    Joint tenancy. Both tenants entitled to access.Does giving a single key to 'The Tenant' suffice,......
    Originally posted by G_M
    If they were siamese twins then possibly
    • deannatrois
    • By deannatrois 16th Sep 17, 6:59 PM
    • 4,743 Posts
    • 6,674 Thanks
    deannatrois
    I would also wonder about the professionalism of the LL and start asking whether the deposit is protected. You are supposed to be sent information telling you where the deposit is protected and any relevant ref no's within 30 days.

    See https://www.gov.uk/tenancy-deposit-protection and read the next page as well.

    Did you take detailed pics of the property on moving in so you don't stand any chance of being charged for damages that were already there? If there are problems, write to your LL and list them. If you have a check in inventory, check it is accurate.
    • Hermia
    • By Hermia 16th Sep 17, 7:15 PM
    • 4,097 Posts
    • 10,990 Thanks
    Hermia
    In my block it is the management company who issue the fobs. A lot of the landlords are very hands off so I can see why the landlord might not have known what to do, although you think he would have tried speaking to the management company. I notice a lot of the landlords don't tell tenants who the management company is so we get a lot of confused new tenants wandering about not knowing who to contact about issues with the communal areas. Have you tried asking your neighbours who the management company is? You might need to ask a few until you find someone who owns their flat.
    • HampshireH
    • By HampshireH 16th Sep 17, 7:17 PM
    • 33 Posts
    • 28 Thanks
    HampshireH
    I would also wonder about the professionalism of the LL and start asking whether the deposit is protected. You are supposed to be sent information telling you where the deposit is protected and any relevant ref no's within 30 days.

    See https://www.gov.uk/tenancy-deposit-protection and read the next page as well.

    Did you take detailed pics of the property on moving in so you don't stand any chance of being charged for damages that were already there? If there are problems, write to your LL and list them. If you have a check in inventory, check it is accurate.
    Originally posted by deannatrois
    A bit of a leap here. He moved in 2 days ago not 30+ I expect the DPS info hasn't even made it onto their system yet.

    Has the OP even suggested the property wasn't up to standard? According to the 1st post the flat is "lovely".

    They just need a fob
    • deannatrois
    • By deannatrois 17th Sep 17, 12:03 AM
    • 4,743 Posts
    • 6,674 Thanks
    deannatrois
    No but these are things all tenants should do.
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