Letting agency wants £30 for a reference!!

Baker89

Thanks G_M,

Unfortunately I don't have a telephone number for the landlord, just an address so I'll write to him and request a written reference. Although I don't believe he'll provide me with one as he's made it clear in the past that everything has to go through the agency.

Baker89

BitterAndTwisted wrote: »

What I meant (and probably didn't express very well, so apologies) is that any new prospective landlord, if they are sensible and cautious, wanted to be certain that your current landlord/agent isn't giving you a glowing reference because you are a troublesome tenant that they are glad to see the back of, they wouldn't take at face-value any reference they furnish. A sensible landlord would want to take up a reference from the landlord of the property you occupied before this one.

However, not all landlords are sensible and cautious.

A reference from our previous landlord (before this one) would be easily obtainable as we are still in contact and on good terms with them. So I'll look in to that. Thanks.

G_M wrote: »

1) which country?
2) how many tenants?
3) HMO?
4) what tenancy agreement? Fixed Term dates?
5) deposit paid?
6) deposit registered?
7) Notice given? How long? How given? When?

Hi,

1) It's in England
2) 4 of us, 2 adults (me and my fiancee) and our 2 children aged 2 and 4
3) Not sure what an HMO is? Sorry
4) It's a assured shorthold tenancy, commencing from 10th February 2011 to 9th/10th? February 2012
5) We paid £595 as a bond/deposit
6) It's registered with My Deposits
7) Notice has been given dated 14th December 2011 to expire on the 14th February 2012 (4 days after our tenancy agreement expires)

BitterAndTwisted

I'm not certain that your S21 Notice has been correctly served: I believe that they should have served it before the 10th of this month. Now, the only way to be absolutely certain of this is for the landlord to go to court to enforce it. This may give you a bit more time to secure your onward move. The only thing which is absolutely certain is that move you shall, the only question is when. Some leverage may be gained from claiming that the S21 has been incorrectly served and using it as leverage for why you don't have to pay their referencing fee but I suspect that your previous landlord's reference may be much more valuable to you.

Cussy

Baker - the Notice sounds fine to me. It's been issued during the initial fixed term, gives you two months notice and expires after the end of the fixed term. The landlord will still need to get a Court Order which will give you a little more time.

Back to basics though - have you considered applying to your local Council as a homeless family? As you have young children and the eviction is not your fault, you will be in 'priority need'. Depending where you live, not all homeless families go through hostels or B&B these days. The Council may help you into other private accommodation if that's what you want, or may house you themselves or through a social housing body like a Housing Association. If you can get into social housing, your future threat of eviction goes away - pretty much.

jjlandlord

BitterAndTwisted wrote: »

I'm not certain that your S21 Notice has been correctly served: I believe that they should have served it before the 10th of this month.

A s.21 notice served during the fixed term can expire at any time on or after the term's expiry as long as it gives at least 2 month notice.

Note that OP has already queried the notice issue in another thread:
https://forums.moneysavingexpert.com/discussion/3673271

Baker89

I just checked that and it says roughly the same here http://www.legislation.gov.uk/ukpga/1988/50/section/21

21 Recovery of possession on expiry or termination of assured shorthold tenancy.E+W

(1)Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied—

(a)that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not)]; and

(b)the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing] stating that he requires possession of the dwelling-house.

But after the 9th/10th of February I'd go onto a Stat Periodic anyway even though the S21 has been served correctly. So how long would it take (if we have nowhere else to go) once the s21 expires (the 14th of February 2012) for them to get us out through the courts? Hoping it won't come to that! And seriously looking hard for somewhere else to live.

Cussy wrote: »

Back to basics though - have you considered applying to your local Council as a homeless family? As you have young children and the eviction is not your fault, you will be in 'priority need'. Depending where you live, not all homeless families go through hostels or B&B these days. The Council may help you into other private accommodation if that's what you want, or may house you themselves or through a social housing body like a Housing Association. If you can get into social housing, your future threat of eviction goes away - pretty much.

No I haven't been to the council as we aren't homeless yet and I've read on here and heard elsewhere that if you have somewhere to live they won't do anything until you are homeless, regardless of if it's not our fault. Is that correct?

BitterAndTwisted

Baker89 wrote: »

But after the 9th/10th of February I'd go onto a Stat Periodic anyway even though the S21 has been served correctly. So how long would it take (if we have nowhere else to go) once the s21 expires (the 14th of February 2012) for them to get us out through the courts? Hoping it won't come to that! And seriously looking hard for somewhere else to live.

They'd have to apply to the court to gain possession. This will be entirely dependent on how busy the courts are. Maybe a month or two?




No I haven't been to the council as we aren't homeless yet and I've read on here and heard elsewhere that if you have somewhere to live they won't do anything until you are homeless, regardless of if it's not our fault. Is that correct?

Your Local Authority's ability to rehouse you is completely dependent upon demand. They might be able to help you but may insist that they cannot until the landlord has court-appointed bailiffs at the door in order to avoid your making yourselves "intentionally homeless".

To be honest, I would be concentrating my efforts on finding appropriate alternative privately-rented accommodation first.

JJ: I did say that I wasn't certain, so thanks for clarifying for the OP.

cr1mson

Even if you get a reference how do you know it is the same as one they will send to a prospective landlord?

C

Baker89

G_M wrote: »

1) which country?
2) how many tenants?
3) HMO?
4) what tenancy agreement? Fixed Term dates?
5) deposit paid?
6) deposit registered?
7) Notice given? How long? How given? When?

Hi G_M,

I answered the following questions, can I ask what the relavance is to you asking please?

BitterAndTwisted wrote: »

A sensible landlord would want to take up a reference from the landlord of the property you occupied before this one.

Hi again,

Just been thinking about this and would a new agent/landlord actually accept a reference from the landlord of a property we rented before the current one (I ask because in my limited experience I've never known that to be the case) they've always wanted the most up to date landlords reference.

Also I've been thinking, I'm sure our previous landlord before this one would give us another reference but they might find it strange why I'm asking them again when they haven't been my landlord for the last 10 months.

cr1mson wrote: »

Even if you get a reference how do you know it is the same as one they will send to a prospective landlord?

C

Good point Cr1mson,

Basically I don't BUT I'd do my damndest (that's probably not a word lol) to not give them any information on my new landlord, hence the reason I want them to supply me with a reference I can pass on to any prospective new landlords.

BitterAndTwisted

Baker89 wrote: »

Hi G_M,

I answered the following questions, can I ask what the relavance is to you asking please?

GM asked those questions to ensure that the S21 Notice had been correctly served. He was not to know that you'd previously asked this in another thread and been given your answer.

Hi again,

Just been thinking about this and would a new agent/landlord actually accept a reference from the landlord of a property we rented before the current one (I ask because in my limited experience I've never known that to be the case) they've always wanted the most up to date landlords reference.

If course they would. All you need to tell them is the plain, unvarnished truth about the current landlord's reluctance to your having perfectly reasonably asked for repair issues to be addressed. And issuing a S21 Notice by way of avoiding having to do them in revenge for your having asked. This is not as uncommon as you may think.

Also I've been thinking, I'm sure our previous landlord before this one would give us another reference but they might find it strange why I'm asking them again when they haven't been my landlord for the last 10 months.

They might not think it strange if, when you write asking for it, you explain truthfully why you would like it.

Good point Cr1mson,

Basically I don't BUT I'd do my damndest (that's probably not a word lol) to not give them any information on my new landlord, hence the reason I want them to supply me with a reference I can pass on to any prospective new landlords.

Forget the reference from the current landlord, just print off the agent's email regarding your having been good tenants and always paid your rent in full and on time if that's what they said.