Landlord wants £1,000 retainer

G_M

Twinkle_Star wrote: »

Hi again.

I spoke with the LL tonight and he is adamant that he will not sign until he receives the money (he gave some legal reasoning that his solicitor had provided, but I couldn't make head nor tail of it, and even he said that he didn't understand it).

He did suggest that if I wanted to use an intermediary in the UK (a solicitor I suppose) that he would be happy to pay for that.

Is there a way that a UK based solicitor could be used to solve this?

Mad.Warning sign.
He wants you to hand over £3,800 with no contract signed? It may be unlikely but just imagine: no keys to the property. You try to sue an overseas 'landlord' with whom you have no contract to get your money back???

:rotfl: :rotfl: :rotfl:

I can see no reason for you not to both sign a contract first, which legally commits you to paying and him to providing the property. He does not need to hand over the keys till you pay, but the contract is critical.

Now, from the landlord's point of view (because I want him to be comfortable too), if I sign the scanned copy, re-scan it and send it back to him - does he have a legally binding contract, or does he have to wait until I sign the original and send it to him? (at which point he will have a contract where both of our signatures are originals)

There's no need for you both to sign the same physical document. You need a version with his signiture and he needs one with your signiture (and they need to say the same thing obviously). So I'm sure you can arrange for your Toronto relative to check his ID and signiture and his sister/solicitor here to check your ID /signiture.

Twinkle_Star_5

Thanks again for the advice so far.

It seems that the landlord is prepared to sign the contract before money is exchanged, and has also said that he will do so in front of a lawyer, who can witness.

However, I now have another concern.

Assuming that I do get a signed (and witnessed) agreement and I transfer the money, what would be the situation if the landlord refused to hand over the keys?

Would I be able to get access to the property, or would my only resort be to sue for a breach of contract?

Thanks again for the help so far.

BitterAndTwisted

Once you've both signed the agreement and money changes hands the tenancy is yours so you could break in if you wanted to, although I'd engage a locksmith myself.

sequence

I can't believe you haven't run a mile already!

Twinkle_Star_5

sequence wrote: »

I can't believe you haven't run a mile already!

Thanks sequence, but is there a specific reason that you think I should run?

I have done all that I can to be sure that he owns the property, he is going to sign the contract in front of a witness and I am only going to send the money then.

Is there anything else that I should make me get my running shoes?

To be honest, I would rather take another place anyway, but there is nothing else available and I really do have to move now.

Having said that, I wouldn't enter into an agreement if there is a serious concern so, if there is something, please do let me know!

Thanks again.

bristol_pilot

Don't pay this !! I suspect you will find the sum non-refundable when the LL pulls out! Hence others' suggestions for running shoes etc.

tbs624

Twinke Star - have you been sent a copy of the tenancy agreement for you to read through *before* you pay over any money?

Have you clarified how this LL intends to deal with any maintenance issues?

Holding deposits favour LLs/LAs - if you have provided your personal financial information to him as a total stranger, sufficient for him to be able to run third party credit checks, then that's should be a pretty clear indication that you are serious about renting the property.

So long as you are able to provide the first month's rent plus a tenancy deposit in cleared funds in time for the handing over of keys/ start of the tenancy, there shouldn't be an issue.

G_M wrote: »

As he's abroad, also check:
a) he will give you a valid UK address (NOT the property) for serving official notices on him / advising him of repairs etc (it's fine to use email for speed/convenience, but it MUST be followed up in writing, to a UK address - this is a legal rqmt)

my bolding.

If the LL is living abroad then he will need to to supply you with a valid address in England or Wales at which notices relating to the tenancy may be served.

G_M

OP - you have still not clarified the tax position (as far as I can see). This is not a side issue - it is major.

I would be much more comfortable now that he's agreed to sign a tenancy beofre cash changes hands, and as Bitter says, once the tenancy is yours you have a right to access so use a locksmith if necessary.

However I think the reason Sequence suggests running is to do with the fact that the LL appears unprofessional, you've had to drag concessions out of him, he's either a conman (unlikely) or amateur (probobly), he hasn't thought through his responsibilities and the processes involved, and hence you are likely to have future problems wih him.

Twinkle_Star_5

Hi all. Thanks again for the continuing advice.

I do have an address for him in the UK, which the tenancy agreement says is for the serving of notice (I believe that it is his sister's address).

With regards to the tax situation, I have not yet raised this with him but I will do so.

However, there is now a bit of a complication. He signed the tenancy agreement in front of a witness on Dec 23rd (in Canada so it was about 10pm in the UK). We were sent a scanned copy, but he retained the original.

We have been trying to contact his friend in the UK who is supposed to witness us signing the agreement. However, probably because of Xmas and the fact that he works shifts, we had not had a call back from him.

This afternoon I plugged in my mobile phone, which has been missing in action for a few days, and I see that I had received a text message from the landlord saying that if he hadn't heard from us by 10am yesterday, he would not be proceeding with the tenancy.

As he has signed the agreement and sent us a scanned copy, but we have not yet signed it or transferred any money, is he able to back out like this?

Thanks again for all the advice so far, and hoping that somebody can assist with this latest twist!

nrsql

Sounds like there will be continuing problems dealing with him.
I would take this as a get-out.

what was his explanation for suddenly ignoring his solicitor and signing before receiving funds (another name for a Christmas present). Do you think this advice from his solicitor really existed?
I suspect if you go through with this you will probably find that there will be a lot more things advised by this solicitor.
Make sure you check the inventory very carefully.