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    • Mrs pbradley936
    • By Mrs pbradley936 11th Oct 17, 7:25 PM
    • 12,615Posts
    • 18,929Thanks
    Mrs pbradley936
    Is this a scam or not
    • #1
    • 11th Oct 17, 7:25 PM
    Is this a scam or not 11th Oct 17 at 7:25 PM
    On the BBC yesterday at about 9.30 am they was a consumer advice type programme and I caught the tail end of a section.

    It was about rental properties being marketed by a well know High Street estate agents (Hearts) doing people out of their deposits because they were not using ASTs but a Licence to Occupy agreement. Anyway it turns out that there was nothing the tenant could do about it because they are not all all the same thing.

    The advice was not to enter into such an agreement and to insist upon an AST. Surely this should not be allowed? Hearts must know enough about property to know that they are being deceitful in spirit if not legally.

    Thoughts and opinions welcome.
Page 1
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th Oct 17, 7:28 PM
    • 1,962 Posts
    • 2,915 Thanks
    ScorpiondeRooftrouser
    • #2
    • 11th Oct 17, 7:28 PM
    • #2
    • 11th Oct 17, 7:28 PM
    Lots of things are unfair but not illegal. It's essential to the profitability of 90% of businesses.
    • G_M
    • By G_M 11th Oct 17, 8:10 PM
    • 41,478 Posts
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    G_M
    • #3
    • 11th Oct 17, 8:10 PM
    • #3
    • 11th Oct 17, 8:10 PM
    whether an occupant has an AST, or a licence to occupy, does not depend on what the landlord, or his letting agent, offers, or writes at the top of the contract.

    It is a matter of law. If the occupant has exclusive occupaton (ie does not share with the landlord) then it is an AST, whatever the contract says.

    And in that case, if the LL/agent fails to register the deposit, then the tenant ccan go to court, show that they have an AST, and claim the penalty.

    Without having heard the programme - I'm surprised. I'd expect the BBC to understand that.

    Perhaps you misunderstood the scenario being described, or have mis-descried it here for us?

    Or perhaps the agency was misleading the tenants, who were themselves ignorant of the law so believed the agency? But in that case, they could have done something about it if they had been properly advised.
    Last edited by G_M; 11-10-2017 at 8:12 PM.
    • Owain Moneysaver
    • By Owain Moneysaver 11th Oct 17, 8:18 PM
    • 7,517 Posts
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    Owain Moneysaver
    • #4
    • 11th Oct 17, 8:18 PM
    • #4
    • 11th Oct 17, 8:18 PM
    Hearts must know enough about property to know that they are being deceitful in spirit if not legally.
    Originally posted by Mrs pbradley936
    Later in the programme haart's spokesperson stated that they were instructed on a tenant finding basis only, and were not responsible for the agreement between the landlord and tenant or for managing the tenancy or protecting the deposit, and that they had ceased dealing with the landlord in question.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • bouicca21
    • By bouicca21 11th Oct 17, 8:31 PM
    • 3,150 Posts
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    bouicca21
    • #5
    • 11th Oct 17, 8:31 PM
    • #5
    • 11th Oct 17, 8:31 PM
    There have been threads about just this - the pitfalls of having a licence to occupy.
    • G_M
    • By G_M 11th Oct 17, 9:05 PM
    • 41,478 Posts
    • 47,870 Thanks
    G_M
    • #6
    • 11th Oct 17, 9:05 PM
    • #6
    • 11th Oct 17, 9:05 PM
    There have been threads about just this - the pitfalls of having a licence to occupy.
    Originally posted by bouicca21
    If people choose to become lodgers in someone else's home, they must accept the 'pitfalls'.
    • kinger101
    • By kinger101 11th Oct 17, 11:11 PM
    • 3,887 Posts
    • 5,305 Thanks
    kinger101
    • #7
    • 11th Oct 17, 11:11 PM
    • #7
    • 11th Oct 17, 11:11 PM
    Nothing would surprise me with Haart.
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