Landlords questions

Smamfer

Hi all, recently received an s21 as landlord now selling the property i rent, had 3 wonderful years here didnt want to move but alas i have to,

Anyway found a new property an able to move early which is ok by old ll as if i hadnt have been moving this wknd i would lose the new place,

As i dont have 3 yrs s/e books my sister went as guarantor for me, has done in the past never a problem etc. They wanted to know absolutely everything about her, and i mean everything even tho we produced her job as a barrister, bank account details, address, tax return the lot, they still wanted more! Anyway we got through that then e/a of new property asked her to go in today just to show some id, which she did and then she had to sign every single page of a 20 page tenancy agreement and is totally liable for damages, rent, breakages, wear and tear the whole lot!! With the properties i have had before this has never happened, i have an absolutely glowing ref from my e/a and ll who i am with now and are leaving the property in a better state than it was, ie redecoration gardening etc.
Is this normal for her as a guarantor to have so much on her shoulders? I understood initially it was more so if i missed rent etc they could get in touch with her but to be liable for everything seems a tad extravagant.

The other thing in the contract, or rather one of the other things, is that they have a clause saying the oven must be kept as it is now as in condition, which is fine but its brand new! I always keep a clean oven but ive never seen anything like that in a contract before, one persons wear and tear can be very different from others,

I dont think this new LL has ever rented out a property before as yesterday i went to view the property again to show my daughter with the e/a and she pulled me to one side as i had family with me to say the new LL had googled my name and brought up 192.com and wants to know why i invite lots of people to live with me!!!
I was horrified and rather peeved at this, i explained i had no idea what it was and would look myself. When i got home the property for example i have lived in for 3 yrs on my own has 6 others names on it,,,, all of which are previous owners!!! This comes up similar for 3 other properties i have either owned or rented in the past. Am i right to be a tad peeved by this or is it standard procedure these days for LL's ( who may i state did not want to come and introduce himself but left it all to the e/a) to go to this much detail etc regarding tenancy agreements and noseying about

G_M

Yup! That's what a guarantor is agreeing!

Any debt connected with your tenancy, whether damage, unpaid rent etc, that you don't pay, the guarantor agrees to pay.

Guarantor agreeemnts have to properly executed (ie as a Deed), and the guarantor has to know what they are agreeing to - so a wise LL will get their initials on every page of the TA so as to be able to prove they knew what they were signing up to.

It's a big commitment. If the Guarantor is unwilling make such a commitment, they don't have to.

edit: as for the clauses in the Tenancy Agreement, some may be unenforcible, against both you AND the guarantor (eg the oven - fair wear and tear is a statutory right), and some can be argued over (ie what IS wear and tear?) - but that is why your deposit will be held in a registered scheme, with an arbitration process

Hump

In the first instance you are liable, if you fail to oblige then the landlord goes after the guarantor.

The unpaid rent part is standard. The damages would or at least should come out of your deposit at the end of the letting. If it's more than the deposit then the landlord might want to pursue both you and your guarantor for the excess sum - the landlord would need to obtain a court order to make you pay and you can dispute the landlord's application including value of damages etc.

The 'wear and tear' part is an increasing irritation - if you live in a property, any property, then it is reasonable to expect furnishings, floor coverings, kitchens, bathrooms to show signs of wear and tear. The landlord should factor this completely normal depreciation in their rent setting. Fair wear and tear is never the responsibility of the tenant. Again the landlord can apply to the deposit scheme at the end of the tenancy and you can go to arbitration for a settlement.

So to your question - these terms are ever increasingly standard and many tenants and their guarantors pay up at the end of the letting - which is why they are becoming standard.

However in reality you need not worry until you come to leave and if you feel unfairly treated then invoke the deposit scheme arbitration scheme AND if the landlord remains unhappy then tell them (politely) to either shut up or bring it on through the courts - judges (bless 'em) generally apply a bit of common sense (despite what certain newspapers might say)

Benji

The guarantor either agrees to what the landlord wants her to guarantee or she doesn't. It was her choice, but of course had she decided against it you would not be preparing to move in!

With regard to the oven, cleanliness is never a matter of fair wear and tear. The odd small chip in a 5 year old oven is wear and tear, 6 months worth of burnt-on fat isn't!

BitterAndTwisted

All the things you have described are completely normal. That the landlord has looked you up on 192 doesn't surprise me at all. They've probably checked your Facebook entry if you have one as well. You'll have nothing to worry about if you pay the rent in full when it's due and haven't caused any damage to the property when you leave and neither will your sister.

Just make sure there is a completely accurate check-in inventory done at the beginning of the tenancy and that you sign and keep a copy of it before you return it.

Smamfer

Thanks for all this guys, i wasnt disputing things just the agreemement i have at the minute through an e/a seemed a lot less thats all and as i hadn't looking into this for 3 years i didn't know if there had been changes in the lettings rules and regulations etc.

I have never had any problems in the past and never missed rent etc and don't intend to.

Regarding the inventory, as far as im aware i am picking the keys up at the estate agents and thats it, noone is coming to the house with me, so maybe there will be one they have already done? No doubt i will find out tomorrow, There are some scuffs in the wallpaper already up the stairs wallpaper so i am intending on taking some pictures before we move any furniture just to be on the safe side , But thank you for your time

tbs624

Have you checked out the LL on 192.com, facebook etc?

If this property was originally the LL's own home she may have trouble "letting go"

There is a helpful guide to what constitutes fair wear and tear on the mydeposits website ( it has been complied with input from all 3 deposit schemes). Your LL may well like to have a cooker remain in brand new condition but that is not how it works - she has no option but to factor in FW&T.

Regardless of whther the LL produces an invnetory for you to annotate as appropriate you may want to photograph *everything* when you move in
(date reference it) and keep a numbered list of what each photo is.

If you have any repairs issues deal with them in writing , with copies kept.

Good luck in your new home.

Smamfer

Thank you for that tbs very polite and helpful indeed,

Where i am now, on moving in date i met the landlord and the estate agent, and have always had the LL number for emergencies, which has been once when a water pipe burst etc, and only as the e/a was closed. When i asked regarding the new LL the e/a said " we are your new LL you dont meet the owner" which maybe is the norm or maybe if it his his first property he thinks he might get hasstled? Therefore sadly i cant check him out as i dont know his name...yet lol.

But thank you for your input much appreciated , today is key date so will soon find out xx

Johnhowell

Smamfer,
In that tome of a tenancy agreement (20pages!) is there a get out clause or termination date for the guarantor, or is it neverending?

Having no entry inventory, surely is to the tenant's advantage?

Your contract is with the landlord/owner not his agent. In the tenancy agreement the landlords details have to be provide by Law - although the address (for serving notices,etc.) may be c/o the agents office.

Good luck.
John

LandyAndy

Smamfer wrote: »

Thank you for that tbs very polite and helpful indeed,

Where i am now, on moving in date i met the landlord and the estate agent, and have always had the LL number for emergencies, which has been once when a water pipe burst etc, and only as the e/a was closed. When i asked regarding the new LL the e/a said " we are your new LL you dont meet the owner" which maybe is the norm or maybe if it his his first property he thinks he might get hasstled? Therefore sadly i cant check him out as i dont know his name...yet lol.

But thank you for your input much appreciated , today is key date so will soon find out xx

Should be easy enough to find out from Land Registry records, I would have thought.

Benji

A request (in writing) to the agent for the landlord details must be responded to within 21 days under section 1 of the 1985 Landlord and Tenant Act (it is a criminal offence to not comply).

On the first page of the tenancy agreement, it should have the name of your landlord. If the agency is shown there, then they are your landlord - it is possible they have leased the property off the owner (their landlord, your superior landlord) which is perfectly legal.