Tenant - Please help.

missclairey_2

Wicked_witch wrote: »

MissClairey, I owe you an apology. Although I do feel it was inappropriate for clutton's comments to be posted out of context and without any provocation (and still agree essentially with his/her pov), I don't wish anything but good to you and your babies. I have made it a rule for the last few years *never* to post while I have PMT- on this occasion I broke it and said something unneccesarily unkind. Sorry. I wish you the best in sorting this out to your satisfaction.

tbs... you have every right to comment if you disliked my post. However, I don't see how doing so that sharply makes you much better than me. But maybe that's just the hormones talking!

WW thank you so so much for this post. I am sorry too if I said anything to upset you. We all go through times when we say things we shouldn't but it's being able to say sorry that counts and I am very grateful for this post. :T


Also to Clutton and the other poster i am very sorry if i annoyed any of you as i didn't mean to and shouldn't have got my back up because you had a different opinion to me. I hate to argue and fall out with people and I hope you accept my sorry.

Thank you to you all for trying to help me. :beer:

I shall let you all know how i get on

God-Bless xxxxxxx

schueys_girl

I will be thinking of you - I am also moving on 15th, 16th and 17th and currently getting stressed out of my head as I have SO SO SO much work on it is untrue!! I am studying for a teaching degree, whilst teaching full time oh and also actually prgramme manager of the course at college, so running a level 2 course and now trying to write and develop a level 3 course!!! HELP ME!!! I need a clone!!!

scrummy_mummy_2

clutton wrote: »

scrummy mummy

""If the tenancy agreement is not signed in the presence of the LL or agent ther IS a 7 day colling off period iin accordance with the distance selling regulations"

i dont see how an AST cannot be signed in the presence of either LL or LA as to be a legal document it has to have parties' original signatures on it.

i'd be very interested in your source for this please ?

My source is Marveen Smith, Painsmith solicitors...the solicitor for the NAEA. She acts for me and I quoted from the most recent tenancy agreement I have from her.
This is how a tenancy agreement SHOULD be signed...apparently, according to Marveen!
Once prepared, the 'original' tenancy agreement should be signed by the LL, but NOT dated.
A copy of this document should be taken and annotated as the 'counterpart'. Thus the counterpart contains a photocopy if the LL's signature.
The original should then be sent to the the prospective tenant to review. If you think the prospective tenant needs to sign in advance, then you should also send the counterpart.
The tenant should be instructed to read the tenancy agreement and take their own independent advice on its contents (before signing it.)
The tenants' signature can be obtained on the original and counterpart at any point and need not be obtained just on the the day the tenancy commences, (one may need to send a tenancy agreement overseas or to another part of the country etc, it gives security to both parties and flexibility)
The agreement does not become a legal Deed until it is dated, this is the bit that is normally done on the day the tenancy commences, and would allow a LL to be absent etc if necessary.....so a tenant can sign, but is not legally 'locked in' to the contract until it is dated.
The tenant keeps the original document, the LL keeps the counterpart.

Well...that's how I understood what she told me anyway and I spent 2 days on a lettings course with her in Warwick.

You could always ring them to check under what circumstances a contract might need to be signed without the LL or agent being present, but I am 100% sure on the distance selling thing.

Wickedkitten

tbs624 wrote: »

In itself it's a pretty useless piece of paper, because the LL does not have to actually do anything to improve heating/insulation etc, but it is supposed to give tenants an idea of how energy efficient the property is & how expensive it may be to heat it.

Aye, I wouldn't expect the landlord to do anything to improve it, but if it were low in the ratings, I'd be looking for a more efficient flat to rent

franklee

scrummy_mummy wrote: »

My source is Marveen Smith, Painsmith solicitors...the solicitor for the NAEA. She acts for me and I quoted from the most recent tenancy agreement I have from her.
This is how a tenancy agreement SHOULD be signed...apparently, according to Marveen!
Once prepared, the 'original' tenancy agreement should be signed by the LL, but NOT dated.
A copy of this document should be taken and annotated as the 'counterpart'. Thus the counterpart contains a photocopy if the LL's signature.
The original should then be sent to the the prospective tenant to review. If you think the prospective tenant needs to sign in advance, then you should also send the counterpart.
The tenant should be instructed to read the tenancy agreement and take their own independent advice on its contents (before signing it.)
The tenants' signature can be obtained on the original and counterpart at any point and need not be obtained just on the the day the tenancy commences, (one may need to send a tenancy agreement overseas or to another part of the country etc, it gives security to both parties and flexibility)
The agreement does not become a legal Deed until it is dated, this is the bit that is normally done on the day the tenancy commences, and would allow a LL to be absent etc if necessary.....so a tenant can sign, but is not legally 'locked in' to the contract until it is dated.
The tenant keeps the original document, the LL keeps the counterpart.

Well...that's how I understood what she told me anyway and I spent 2 days on a lettings course with her in Warwick.

You could always ring them to check under what circumstances a contract might need to be signed without the LL or agent being present, but I am 100% sure on the distance selling thing.

When exactly is the landlord locked in?

Also when is the tenant locked in? If it's when the tenancy agreement is dated then how does the tenant know if/when that's done if it's the landlord/agent dating it after the tenant has signed but when the tenant isn't present? If the tenant is present for the dating then there seems no point in their signing in advance. So I don't quite see how this would work.

scrummy_mummy_2

franklee wrote: »

When exactly is the landlord locked in?

Also when is the tenant locked in? If it's when the tenancy agreement is dated then how does the tenant know if/when that's done if it's the landlord/agent dating it after the tenant has signed but when the tenant isn't present? If the tenant is present for the dating then there seems no point in their signing in advance. So I don't quite see how this would work.

In short...don't know. Legal posturing and positioning I suspect. Just feeding back on what the great Marveen said...If I did I wouldn't need a couple of BTL's to supplement my dotage cos I'd be earning squillions like she is! She was very clear about it though and I did some surfing (google) last night on contracts and counterparts etc and that seems to back up what she said but I don't know why.....about a year ago I issued a codicil for my will. It was witnessed and signed but not dated when it was returned to the solicitor...they made a right old fuss about how it was invalid and MUST be re-done before it can be treated as a deed....maybe a solicitor on her (if there are any!) can explain to us plebs why the fuss??