Unreasonable Letting Agent Request?

redlady_1

I only had to provide one bank statement when I bought my house to confirm my salary and none when I rented. If they are being difficult then make sure all the boxes are ticked from your side of things.

BubbleFrogette

I should add that I've also provided my last 3 month's payslips and 3 month's of utility bills too!

clutton_2

""Letting a property without permission to let is obtaining money by false pretences contrary to S2 of the Fraud Act 2006. Ask agent whether he is aware that he is aiding and abetting this? ""

how do you work this out ? If a LL lets without the lenders consent, the LL has breached a contract term (the contract being the mortgage Deed) - so how is that (criminal) fraud ?

Having said that... most good agents i have ever dealt with ask LLs to complete an Application form and sign an agreement with them.. part of that agreement is to say that the LL has consent, has all the required insurances and has complied with Furnishing legislation, EPC legislation, GAsSafe regs.. etc etc etc

So i see no reason why any agent cannot answer a prospective tenants questions in the matter of whether consent has been obtained or not....

PasturesNew

Renting is difficult, especially where there aren't many properties to rent. With every landlord renting through different agents it can be hard to even find somewhere to rent, then there are the timescale constraints and viewing appointment problems and the fact agents aren't usually open/available for viewings outside of standard office hours.

Then, there's all the cost and hoops and paperwork. And evidences you never expected you needed. And all the waiting and anxiety. Then the huge deposit and blah blah blah.

You can't always rent somewhere else if it's taken you too long already to find this place and have other issues (e.g. current landlord selling up/you have to move out; you're trying to move 200 miles because you just got a job and don't live in the area; you can't afford more than the cheapest place on the market/that's pushing it).

It's a whole big b4st4rd.

Blackhat5_2

WWH - my Q was a request for people's opinions; thus not blindingly obvious. I wasn't asking what I should do (obviously I know I can walk away if it doesn't suit me). I was asking if others thought it was an unreasonable request.[/QUOTE]

I think it is unreasonable but you are fairly powerless. I've been in the same situation and it was possibly worse as the agent waited until 4pm the day before I was due to sign and move in to request my 3 months of bank statements. (Day booked off work, rental van paid for already, deadline to vacate another property etc etc)

And when I got to the agency the contract was 20 pages of small print. Whatever happened to the good old 4 page effort from Smiths that landlords used to find adequate??

I'd be tempted to say you'll show the landlord/agent your bank statements if the landlord agrees to show you his: it is very intrusive. On the other hand that won't get you the property.

And yes, buying my first house was easier. Fewer hoops.

Dave

PS what's really annoying is when you go through all that and then 6 months down the line the landlord decides he wants to put the house on the market and you have to leave and go through it all again. Oh the joy of renting!

tbs624

Walk away - seriously, tell them to get stuffed. Any LA/LL who wants you to provide so much personal information and yet won't answer a pretty basic question on consent to let has to be a complete charlatan. Have you also coughed up for a "credit check"?

You don't need any qualifications, training or specific expertise to set up in business as an LA and they need to "get over themselves"

Alternatively, look up the LL on the Land Reg (£4 fee) and talk to him to direct , if you really want the property. You get may more joy with him/her, especially if s/he realises that the LA is about to lose a potentially good reliable T.

tbs624

Blackhat5 wrote: »

And when I got to the agency the contract was 20 pages of small print.

Most of that will be LA- drafted clauses which turn out to be unenforceable . Some LAs seem to think that the greater the number of words in a contract the better.;)

Jowo_2

roger196 wrote: »

Letting a property without permission to let is obtaining money by false pretences contrary to S2 of the Fraud Act 2006. Ask agent whether he is aware that he is aiding and abetting this?

I've never heard of this nor heard of any landlords prosecuted. Do you have a link to the wording of this act and any evidence that a landlord has been convicted for failure to have permission to let out their property. Just asking because this is a new one on me - I am aware that landlords should have consent from their lender but never thought of it as a criminal act, nor came across any info on legal challenges.

DVardysShadow

Jowo wrote: »

I've never heard of this nor heard of any landlords prosecuted. Do you have a link to the wording of this act and any evidence that a landlord has been convicted for failure to have permission to let out their property. Just asking because this is a new one on me - I am aware that landlords should have consent from their lender but never thought of it as a criminal act, nor came across any info on legal challenges.

It is new. Well newish. New Labour spread the net so wide on Fraud that it was made a strict liability offence [I think], based on telling a porky with no actual need to be shown to have caused anyone a loss.

tbs624

Jowo wrote: »

I've never heard of this nor heard of any landlords prosecuted. Do you have a link to the wording of this act ..

2 Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and
(b) intends, by making the representation—

(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a) the person making the representation, or
(b) any other person.

(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).