Tenants rights to see a contract before signing?

lampard

seraphina wrote: »

Signing a contract on the day you're supposed to be moving in with the landlord/letting agent breathing down your neck and all your worldly goods in a van isn't exactly how I'd like to sort out my home. I presume the OP has already handed over some kind of deposit - where else would you hand over hundreds of pounds before seeing the contract you're about to commit to?

I think the agency/LL is being unreasonable in expecting the tenant just to flick through it and sign on the dotted line within 5 mins of seeing the contract. All houses we've rented we've been able to see the contract - and take it away to read at our leisure - well in advance of moving in.

This is exactly what is happening. Ive already paid part of the deposit plus agent fees and i have gotten a copy of the agents contract.

However i was informed yesterday that the landlord has opted to do their own contract which is why there is now pressure to sign the same day im moving in.

I have been in touch with the agent to get the new contract, and he said he is emailing me it but i have yet to see it.

Ignite

I had this with an agent in 2002. We were about to pay a deposit to the agent so I asked to read a copy of the tenancy agreement. The agent refused saying that one hadn't been drawn up yet. I therefore told him that I would be willing to pay the deposit, however if on reading the tenancy agreement when it was produced I wanted to pull out, I would expect the full deposit back. I was about to add to their terms of business (which they wanted me to sign) that I hadn't seen a copy of the tenancy agreement and it was amazing how quickly a generic copy of the agreement was produced.

At the end of the day you have a right to see a copy of the contract before you commit yourself to anything financial. That is part of why the distance selling regulations exist. This gives you time to get a copy of a contract and check it over before you are legally bound by it.

tbs624

caringa wrote: »

Why cant you ask to read the contract whilst you are there? We have been landlords for several years and always give our tenants time to read contracts - we wouldnt expect them to sign without going so.

Many Ts would prefer to look over the contract in peace, possibly seeking their own legal clarification before going ahead.

A LL/LA who is unwilling to let the prospective T have a copy of the tenancy agreement to take away is one to be concerned about.

caringa

tbs624 wrote: »

Many Ts would prefer to look over the contract in peace, possibly seeking their own legal clarification before going ahead.

A LL/LA who is unwilling to let the prospective T have a copy of the tenancy agreement to take away is one to be concerned about.

I agree entirely and that is what we always encourage our prospective tenants to do but it is surprising that many dont really understand that they should be doing this.

lampard

Well just read the contract and was quite happy with it. No section 21 which was good.

I did have a few questions, the only thing i flat out disagreed with was this:

In the event of any instalment of rent or any other money payable under this Agreement remaining unpaid after the same become payable then the Tenant shall in addition thereto pay to the Landlord interest at the rate of 4% per annum above National Westminster Bank plc base rate from time to time on all outstanding monies from the date upon which the same became payable until payment is received.

Anyone able to answer why this may have been put in there?

N79

lampard wrote: »

Well just read the contract and was quite happy with it. No section 21 which was good.

I did have a few questions, the only thing i flat out disagreed with was this:

In the event of any instalment of rent or any other money payable under this Agreement remaining unpaid after the same become payable then the Tenant shall in addition thereto pay to the Landlord interest at the rate of 4% per annum above National Westminster Bank plc base rate from time to time on all outstanding monies from the date upon which the same became payable until payment is received.

Anyone able to answer why this may have been put in there?

Basically it means that you would pay interest on any late rent.

To be honest it does not matter whether it is included or not - a court would award interest on outstanding rent at the court interest rate (which is waaay above base rate) whether or not this term was present.

BitterAndTwisted

4% above base is cheaper than an overdraft! I think this clause is reasonable. You weren't actually planning to pay the rent late any way, were you, so it should be a non-issue

theartfullodger

As tbs says...

No Section 21 because any S21 notice is only valid only if issued AFTER deposit is protected AND prescribed info provided to Tenant... (Housing Act 2004, Section 215, google it...)


I recently signed a new tenancy (albeit in bonnie Scotland but the principle is the same..) and sent prospective tenants a .pdf version of the contract a couple of days beforehand... They they pointed out I'd set the deposit too low (I thanked them & we left it there...).

Any trader/businessman who won't let you read the contract/terms 'n conditions beforehand ain't to be trusted...

Cheers!

Artful

lampard

theartfullodger wrote: »

As tbs says...

No Section 21 because any S21 notice is only valid only if issued AFTER deposit is protected AND prescribed info provided to Tenant... (Housing Act 2004, Section 215, google it...)


I recently signed a new tenancy (albeit in bonnie Scotland but the principle is the same..) and sent prospective tenants a .pdf version of the contract a couple of days beforehand... They they pointed out I'd set the deposit too low (I thanked them & we left it there...).

Any trader/businessman who won't let you read the contract/terms 'n conditions beforehand ain't to be trusted...

Cheers!

Artful

oh intresting, so even though the contract has no mention of section 21 I could actually still see one before I am handed the keys.

I will read the act now anyway, is there any other acts that may be useful?

G_M

The LL should provide two copies of the contract, each of which should be signed by both parties. Tenant and LL then keep one each.

S21? Invalid if issued before the contract has been signed and the deposit has been protected.