Income check on prospective tenants

sandsni

PIppa wrote: »

Hi

The agents say the man is a self employed electrician. When they came to view the house, the agents failed to show and the current tenant was kind enough to show them around. The agents aren't aware that I know this. It was only the woman that went to view the house and she told the current tenant that the man is a self employed builder so I'm getting conflicting information.

I wouldn't be so concerned about someone being a self-employed tradesman, a good one is worth their weight in gold - but I would be concerned if you're getting different stories about exactly what his trade is. It could be that the agent or current tenant has got it wrong and mistakenly told you the wrong thing, but if the prospective tenants have deliberately misled or been vague about their likely income (and therefore ability to pay), then I would question what other truths they might gloss over in order to secure the tenancy. I would be inclined to press the agent for a credit check and proof of income for the 2nd tenant so you can see for yourself. Don't be railroaded into accepting a situation you're not comfortable with.

PIppa

Hi

I declined the applicants as the information was incorrect. At the time I didn't know who was supplying that - the LA or the applicants.

Now the LA is trying to get me to pay for the applicants' costs when apparently it's their ''clerical error.''

They appear to be withholding rent due to me.

I feel I am entitled to the rent as the LA is the one who made the errors.

Just to clarify I said in an earlier post that the LA failed to show when the applicants went to view the property. They did fail to show but with another prospective tenant and not these particular ones.


I would appreciate any feedback from my earlier post.

PIppa

Hi

Any advice on my latest post please? The LA is trying to put the onus on me for their mistake. See post from 25th with more detail.

Many thanks

BitterAndTwisted

PIppa wrote: »

Hi

She returned the keys to them on the Monday morning and they tried to get her to return them to me but she refused as they were the agents. They apparently told her they weren't doing a checkout inventory. That afternoon, on the way back to the airport, I went to the agents to get the keys back but was told someone was on the way to do an inventory so no keys.

Did the agent carry out the original check-in inventory? It's normal practice for the landlord to pay for the check-in and the tenant the check-out but everything depends on the contracts: the one between you and the agent and the one between you and the tenant

The tenants also paid a month's rent (set up by standing order) although the tenancy ended part way through the month therefore I am due rent for this period (the tenants are due a refund). I emailed yesterday asking for payment as it was due on 15th May and also a copy of the inventory.

Generally, a full month's rent is due to the landlord regardless of the actual date the tenant vacated the property. If you are willing to refund the tenant's overpaid rent then that is up to you . Either way, that rent is yours and not the agent's to retain.

Today I received a reply which referred me to their terms of business quoted below:-

''To clarify, the application was fully approved by the referencing agency after the clerical error on the original address section was rectified.

Hence we have no grounds to fail this application and the applicants are seeking full reimbursement for their £250 application fees within 48 hours.

They may have no grounds to fail the tenants' application but you do, and you did. Under normal circumstances, a tenant forfeits their application fee if they fail the checks and consequently the landlord declines to offer them a tenancy.

If the agent feels duty-bound to refund their application fee then it should be at their own expense and not yours.

The previous tenant is requesting her deposit back and we have 14 days from when she leaves to make any deductions. As we do not manage the property please advise.''

If they don't manage the property, presumably they did not carry out the original check-in inventory. Is that the case?

They haven't actually said they aren't paying but I believe it to be implied.

My understanding is they are the agents for the previous tenants - does that seem correct?

Well yes, if they were collecting the tenant's rent on your behalf even if you did not enter into a contract with them to carry out repairs and maintenance. But everything depends on the contract you signed with them at the time.

The clerical error that I'm assuming is being referred to is the incorrect address - see previous post. This was highlighted by myself and I immediately refused the application and also told them not to remarket my property so there is no reason for them to have done the ''correct'' address check.

This "clerical error" was one made by them ans is not the only reason you declined to offer them the tenancy. Therefore the tenant loses their application fee.

When the applicants went to view my property the former tenant was there and apparently the applicants told the agent about their postal and residential address and he apparently told them it wasn't a problem. The former tenant is a witness to that.

In my opinion, the agents have made a complete mess of their application and misinformed both them and myself and are now trying to make me stand the cost. I haven't yet responded to their email reply but would appreciate any advice offered.

Incidentally I have also not received a copy of the inventory. I don't believe one was done as I immediately contacted a neighbour and no-one was seen going to the property that day.

If a check-in was carried out you are not in a position to authorise release of the tenant's deposit until the check-out inventory has been done. Have you been in touch with the outgoing tenant to check whether they expect to be charged for it?

If there was no check-in inventory carried out there is no documentary evidence of the state of the property at the beginning of the tenancy and therefore no deductions can be made.

I think you need to bear in mind that the agent is yours, acting on your behalf and according to your instructions, and not the other way round.