Help! Need advice on getting a new Tenancy

SolemnSolitary

Really hoping I could get some constructive advice here.

My mother is currently renting a home with her boyfriend and my brother. The lease for their house has come to an end and they need to find somewhere else. My mother and her boyfriend wish to move out into a single place while my brother intends to find his own place. They have been looking for some time now and not had any luck. They have both put holding deposits on two different places (but same estate agent) and failed to get the place because they have in the past been late on a rent payment in their current place. The estate agent has kept both their holding deposits (300 each) because of the failed reference check.

I am just wondering if it will even be possible for them to find a home to rent with this arrear in their past hanging over their head? I am happy to be a guarantor but they agent won't accept it and as both of them are out by 600 pounds they are reluctant to put down any more money on homes if they will just lose it again because of this arrear thing?

Any advice?

arbrighton

Look with different agent who will accept guarantors or a landlord who doesn't use an agent? Discuss the situation first before handing over a holding deposit to sound out agent/ landlord??
Most agents are reasonably upfront that the holding deposit is kept if reference check is failed, so I am a bit confused why they went through the process twice knowing what happened the first time.

arbrighton

Hang on, why do they need to move on? If lease has ended (assume you mean an AST, where in UK are they?), have they been given notice to quit? If not, and no 'renewal' is discussed, they will automatically move on to a statutory periodic tenancy

SolemnSolitary

arbrighton wrote: »

Hang on, why do they need to move on? If lease has ended (assume you mean an AST, where in UK are they?), have they been given notice to quit? If not, and no 'renewal' is discussed, they will automatically move on to a statutory periodic tenancy

They have to move cos the landlord I think is selling the house and not wanting to sign a new lease.

SolemnSolitary

arbrighton wrote: »

Look with different agent who will accept guarantors or a landlord who doesn't use an agent? Discuss the situation first before handing over a holding deposit to sound out agent/ landlord??
Most agents are reasonably upfront that the holding deposit is kept if reference check is failed, so I am a bit confused why they went through the process twice knowing what happened the first time.

They both applied for a house around the same time so didnt know they would lose their full deposit for failing a refference check. I am pretty sure that they aren't allowed to to keep it for a credit or a reference check fail. read up some research where it says the only reason the estate agent can keep the holding depsot is if the tenant pulls out or if the tenant has lied on their application.

But my real question is if you have had arrears in your past does that mean you will not ever be able to rent again? if this is the case i would have thought there would be allot more homeless people in the uk

arbrighton

There are no regulations on lettings and fees. They can do what the hell they like.
No, the point is they do not have to RENEW the lease at all. It will revert to an SPT.
I don't know re arrears. I've never been in arrears.

silk_2

arbrighton wrote: »

There are no regulations on lettings and fees. They can do what the hell they like.
No, the point is they do not have to RENEW the lease at all. It will revert to an SPT.
I don't know re arrears. I've never been in arrears.

So there is no protection for the potential tennants at all?

I fail to see how they can "legally" keep the holding deposit if it is the estate agent who has rejected the application. The tennant needs that money back to try and secure a different home.

arbrighton

For potential tenants, not much, no.
There will probably be some t&Cs given with holding deposit saying it's non refundable.
The agency we let through states clearly on its website "During this phase, a reservation/referencing fee will be required prior to occupancy.

If, due to, unsatisfactory references, an application fails, the reservation deposit will be not be refunded. Refunds, however, will not be granted if, for any reason, you decide not to complete, or, if the tenancy does not proceed due to a tenancy application containing inaccurate declarations."

However, what the agent they used says, I don't know.