Tenancy Agreement - Advise Please

Dummie_2

Hello

We are due on Monday to sign our tenancy agreement on our first rental property.

Up to date, I have not seen a copy of the tenancy agreement which I've been requesting so that I have time to read, understand and ask for advise on anything I don't understand.

The LA tells me that the agreement is standard and terms cannot be changed. Is this true? They've been telling me they'll forward a copy to me but it's Friday now and still no sign of it.

So if I don't see the agreement until Monday when I go to their office to sign and there are terms in the contract that I don't understand or don't agree with I'm left with the option of signing despite my better judgement or not signing and risk loosing the property.

Is this REALLY standard practice? Do tenants have no negotiation power on what goes into the agreement?

prudryden

You can take as long as you wish to read the contract. You can take your own advisor with you, as well. You can ask for items to be excluded or included. If you don't understand something in the contract, be sure to ask for an explanation.

If the LA acts as a managing agent, then they possibly can agree or not agree depending on what it is. If they only act as a Letting agent, then they will have to confirm with the LL about amending the contract as the contract is between you and the LL, not the LA.

Most contracts are standard, but can be modified to fit different situations.

Kaminari_2

If the LA or LL don't want to change it they don't have to but they do risk losing you as a tenant. TA can be changed, you can request changes but they don't have to do it. Most TA are fairly straight forward and standard but i would suggest having a good read of it before you sign it just to make sure you know what your and the LL responsibilities are.

Dummie_2

Thank you for your replies. So, if I don't see the agreement until Monday and then wish to take it away to read, that is OK?

Our tenancy is due to start on the Monday. Obviously if we don't sign then it doesn't start. Is this OK too, as we had verbally agreed to start on Monday. I still have someplace to live for a few weeks so it's not going to be a problem on my side. Just wondered if the LA could say we had a verbal agreement.

Kaminari_2

As a LL i wouldn't feel comfortable letting the property without a TA signed but as a LL i would make sure that the tenant had a copy in enough time for them to go through it and sort out anything that wasn't understood.

prudryden

They won't let you move in without signing the contract. However, you may find that if you sign at a later date, they will still hold you to the beginning date of the original term.

They also could have someone else ready to go in your place.

Call them again and ask if you can come by and pick up a template of their "standard contract". The template will be the same as your contract with differences being limited to rent, notice period, perhaps early termination clauses.

prudryden

Were you or your representative present at the Check in Inventory/Condition Report? This report and the final check out report are the two most valuable pieces of paper to get right.

Dummie_2

Just been on the phone to them and told them I won't sign the agreement unless I've had time to read it in private. And guess what? They are going to email me a copy now!!

There's a couple of other issues. When I was there to view the property I noticed that the hot water tap in the en-suite bath didn't work. Also, one of the wardrobe doors doesn't close properly so I'm worried about little fingers getting trapped. I brought up these things with the LA at the time and they said they'll let the LL know. I've just chased up on it and they tell me that the LL didn't find any problem with the tap (may have just been a delay in the water) and that there was nothing they could do with the wardrobe door but that it will be noted in the inventory check-in. The wardrobe door basically needs sanding down. Do I have to accept this? I realise I'll need to see the tap again to determine whether it was really just a delay in the water coming out but what about the door? Can I expect it to be sorted out? I'm worried that once I've paid them and moved in, they will just ignore me!

The inventory check-in will be carried out on Monday after we've been to the office to sign the agreement and hand over our money (we have to pay 6mths in advance). There will be an independant company there to carry out the check-in. Do I still need to take photos of everything?

Dummie_2

Just received the agreement. OMG. It's 19 pages long. No doubt I'll be back soon with more questions! Hope you'll still be around!:beer:

zebulon

Dummie wrote:

Do I still need to take photos of everything?

yes yes yes!
It doesn't hurt.

You don't have to do it when this company is there - and also as far as I know you should not have to sign right away the inventory/check-in list, but not sure.

We had one week to send it back signed and I think that's good as it's easy to miss things.

But defenitely yes to pictures anyway - I even take picturesof the gas & electricity readings- and all this with the date.

silvercar

Although it is absolutely right to check thoroughly what you are signing, if you become too pernickety, the LL /EA could decide you are likely to be a painful tenant and decide not to let to you.