Agent won't let me see the rental contract until move-in date

Psychonaut

Dear all,

I recently applied to rent a flat through an estate agent in London. This involved filling in my details and putting down a deposit of some £300 which will be applied against their reference check fees. I received a letter from the agent yesterday saying that the landlord had provisionally accepted my application, pending the results of the reference check. They said that I should come to their office on the moving in date we previously agreed to sign the rental agreement and pick up the keys. They enclosed a "sample rental agreement" which they were very careful to point out was not the actual rental agreement, but only an example.

Now, I don't want to show up the day I'm supposed to move in and sign a contract I've never seen before. I called the agent and told them this, and they were adamant that no, I could not see the contract before the move-in date, and that this was perfectly normal. They assured me that the contract would be the same as the sample agreement they sent in the post. I told them that this wasn't acceptable, giving the additional reason that the sample agreement says that pets aren't permitted, whereas when I applied for the flat I made it clear, both orally and on the application form, that I have a pet. The agent assured me that this no-pets clause would not appear on the actual contract I sign. So already the contract I will be expected to sign is going to be different than the one they sent me. One wonders what other changes or additions they could make at the last minute...

Needless to say I'm not happy about this arrangement. Is it really normal for estate agents to refuse to let you see or sign the rental contract until the date you move in? Is it even legal? What should I do about it? I could walk away and look for a property somewhere else, but I rather suspect they would try to keep my deposit, and also I don't want the hassle of trying to start looking for a new place all over again.

princeofpounds

It's quite normal, in the sense that a lot of them run things this way.

It's not normal, in the sense that it's not a sensible idea.

My experience from renting in London is that you normally get hold of a proper contract with a little delay after all the references are done. If there isn't a long leadtime then this can be quite soon before you move in, but it generally tends to be pegged to the 'final' verbal acceptances rather than the move-in date.

But often I have had to hurry it along.

Out,_Vile_Jelly

It's usual to sign the rental contract on the day you pick up the keys, but I've always been emailed a copy of it beforehand when requested. I would familiarise yourself with the wording of the sample, and if there are any deviations on the day you sign, simply cross them out. I doubt it's anything too sinister on the part of the agents, more like laziness.

princeofpounds

One reason it might be done like this is if there is a short void between the old tenants going out and you going in. The LL can't actually give you a tenancy on the property until the old one has certainly ended, which in reality only happens when tenants are either evicted by a court bailiff or leave.

theartfullodger

If you don't like the way your landlord or letting-agent do business, don't do business with them.

DVardysShadow

Psychonaut wrote: »

Now, I don't want to show up the day I'm supposed to move in and sign a contract I've never seen before. I called the agent and told them this, and they were adamant that no, I could not see the contract before the move-in date, and that this was perfectly normal. They assured me that the contract would be the same as the sample agreement they sent in the post. I told them that this wasn't acceptable, giving the additional reason that the sample agreement says that pets aren't permitted, whereas when I applied for the flat I made it clear, both orally and on the application form, that I have a pet. The agent assured me that this no-pets clause would not appear on the actual contract I sign. So already the contract I will be expected to sign is going to be different than the one they sent me. One wonders what other changes or additions they could make at the last minute...

Simple. Send a letter noting the variations which are already agreed and ask for a final draft [you won't get this]. Then on the day, take the draft contract and a copy of your letter and sit there for however long it takes to compare, line by line and check that the agreed changes are incorporated.

And don't get put off if they start trying to hurry you. Just point to your letter and tell them it will take as long as it takes.

dgtazzman

As stated above, it's normal procedure. Just because you don't see the actual contract till you pick up the keys doesn't mean you can't take your time, sit there and read the contract at your leisure before signing it, just make the agents wait, maybe even be cheaky and ask them for a cupper while taking your time :rotfl:

Psychonaut

DVardysShadow and dgtazzman, I don't understand why you suggest adopting this nonchalant attitude. If I show up on the move-in day and the rental contract is not acceptable to me, then I am at much more of a disadvantage than the landlord and her agent. They know that I have nowhere to live and can use that to pressure me into accepting their terms, since that would probably be more acceptable to me than immediately finding and paying for a hotel and storage space for all my personal possessions while I look for a new flat. The most they will lose is a few weeks' or months' rent while they look for a new tenant. And besides, the letting agent probably doesn't have the authority to amend the rental contract, since it's between me and the landlord.

lynzpower

I have had this experience in London also.

I sought advice on this

Basically, we were shown a flat and in order to secure it had to pay £500 reservation deposit However, the EPC, gas safety cert, or the tenancy agreement hadnt been shown to us prior to this. If we passed the security checks then didnt like the AST then we would have been 300 down anyway.

The advice I recieved is that it could be seen as an unfair term of contract if you have only been party to all of the contract terms and that if they withhold part of those contract terms then, it isnt a complete contract

With this in mind, I have to say, I wouldnt let through an agency who refused to provide all the relevant information. the new LA gave me the gas safety, draft contract, ELECTRICITY CERT! and EPC before any money was taken. I know this is not very widespread at all, I get the sense tenants have to ask/beg and cajole these docs most of the time. ( sometimes well after tenancy commences) and i think people should make more of a fuss about it, but understand entirely why people dont.

Sambucus_Nigra

Well, you've handed over the deposit now....have you asked why they won't allow you to have a copy of the contract to view beforehand. Explain to them that if they write an email, it is possible nowadays just to attach the document to the email and send it; they don't have to go through the process of copying it, you just want to read it.

dgtazzman

Not really nonchalant, it just seems to be standard industry practice to give an example contract beforehand and then the real thing on the day you pick up the keys. If the agent is reputable, it shouldn't be much of an issue. I found a few smalls things in our last rental contract on the day, just discussed them with the agent on the spot and changed them to what had been previously agreed, just make sure the agent/ll has been informed in advance, like in your case about the pets, even a verbal agreement is binding in the end and they'll just have to amend the contract.

I know it's stressful, but that's why I tend to leave a generous overlap between moving out of the old place and into the new (though I've had enough of moving for a while now, so hopefully our current landlord will be nice enough to let us stay quite a few years till we get a deposit saved together), at least that gives you time if something does go belly up.