Finding it hard to get copy of Tenancy Agreement

cyclicgearz

We moved into our flat on 8th May, and since then, due to our Housing Benefit application, we have been asking for a copy of our Tenancy Agreement.

The letting agency are reluctant to give us a copy, and make a lot of excuses every time OH calls them. Their usual excuse is that they don't make copies of the agreement, and the agreements are stored in their Mansfield head office.

I was under the impression that we were entitled to have a copy of the agreement, we signed only one - and were never given the option to have a copy of our own.

If anything, due to my memory problems, having a copy of the agreement will be a godsend in avoiding breaking the terms of it, seeing as it's such a large list of rules and such.

What can we do to get the agency to get us a copy?

Gwhiz

You should have had 2 copies to sign, one of which gets counter signed and returned to you

cyclicgearz

Gwhiz wrote: »

You should have had 2 copies to sign, one of which gets counter signed and returned to you

Nope, we went in on the morning we moved in, and signed only one, we signed two Inventory papers, but only one tenancy agreement.

DVardysShadow

Dear Letting Agent

I believe my rent is due and I would like to apy in accordance with the signed tenancy agreement. Please provide a copy so that I can comply.

Yours sincerely

cyclicgearz

Some here may disagree, but the idea is not to withhold rent, rather it is to facilitate payment.

I think LL and Agent side may be on a complete loser taking a tenant to court if such a letter is sent.

Another idea is to underpay by £100 and when they complain, say you thought that what you had paid was correct, but if they could show that you had agreed to something different, you would settle up immediately. You need to be a bit brazen to pull it off ...

Fire_Fox

I agree with DVardy that you should be asking for the AST in writing, preferably by recorded delivery (keep the receipt). You are not contracted to the letting agency you are contracted to the landlord so ideally you would ask him for a copy of the AST. If you do not have an address at which to serve notice you are legally entitled to write and request these details from the letting agency. I personally would not withhold your rent as you are legally obliged to pay it, however I might note in my latter that I am concerned that I am not able to claim LHA without a copy of the agreement.

N79

cyclicgearz wrote: »

Nope, we went in on the morning we moved in, and signed only one, we signed two Inventory papers, but only one tenancy agreement.

Of course you only signed one - the LL's copy. But what I don't understand is what happened to the copy the LL signed (or the agent signed on their behalf). Where did that copy go?

clutton_2

does the agent not realise that without a copy of the AST you will not be granted LHA then he wont get his rent ???

princeofpounds

Without confirmation of the landlord's address for service of legal notices (which is normally on the front of the AST) you are legally entitled to withold rent. It is however due as soon as the address is provided.

If, as a tenant, you ask an agent for the landlord's address in writing and they do not provide it within 21 days then it is an offence, and they can get a hefty fine.

Finally, it's impossible to get LHA without an agreement I would have thought.

Remind the agents nicely about all these things might produce some results. I will try and check up on any 'rights' to see an AST.

If they have just lost it, you still have an AST with standard terms as set out in the law, so it's not a disaster. The only annoyance I can think of is if they suddenly pull out a contract with BS clauses at a later stage (like paying for redecoration and so on). These are generally unenforceable so we can help you there if it ever proves necessary.

DVardysShadow

princeofpounds wrote: »

... If they have just lost it, you still have an AST with standard terms as set out in the law, so it's not a disaster. The only annoyance I can think of is if they suddenly pull out a contract with BS clauses at a later stage (like paying for redecoration and so on). These are generally unenforceable so we can help you there if it ever proves necessary.

Agree, although this can be largely forestalled if you act now by getting in a letter or 2 asking for a copy of the Agreement as originally signed and keeping copies of letters sent. If the BS agreement turns up towards the end of the tenancy, you will be in a better position to deny that it was the agreement

clutton_2

why are folks automatically assumng that the LA will produce a bull s h i t agreement ?????

DVardysShadow

clutton wrote: »

why are folks automatically assumng that the LA will produce a bull s h i t agreement ?????

I am not assuming they will produce a bulls hit agreement, just that they might. But the fact that they will not immediately and willingly hand over a copy to the tenant really does not bode well.