Is this normal - Last minute letting agents.

Islaboo

We are moving because the landlord wants his flat back to rent to mates not through choice.

I know the section 21 is just asking for us to leave but we want to buy soon and cant risk having any court orders against us by staying.

Anyway found somewhere, same letting agent as who we are with. Had to pay for and do references all over again yup I know its how they make their money. So we jump through hoops offer to pay £6.5k up front in rent as im not working and my husband doesn't quite meet the 2.5 x annual rent thing.

They have dragged their feet over the last 3 weeks with the referencing and are now saying it might not even come back until the day before we are due to move in (next saturday)

Now having to pay all this money up front without knowing if the flat is ours, I requested to see a copy of the tenancy agreement as its via a private landlord only introduced by the letting agents (LA are referencing us too) before we actually get to the day of signing, there could be any random clauses in requiring us to hang naked outside the windows once a week or something.

This has been flat out refused, we have to pay all the money now then on the day of moving if the flat is actually ours, meet the landlord and sign the tenancy hoping nothing horrid is in it.

Is it normal for referencing to take so long? we did most of it on line ourselves through let allience .

Is it normal to have to pay all the money then get to see the tenancy agreement? Obviously we are not expecting to move in before paying as the daft letting agent thought.!!

I realise its slightly different to a normal tenancy in that we are having to pay upfront but everything else is pretty much the same. It just seems very uncertain and stress inducing.

Thanks in advance for your advice.
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G_M

Islaboo wrote: »

I know the section 21 is just asking for us to leave but we want to buy soon and cant risk having any court orders against us by staying.

A court order to move would not be public, or on your credit file. It only goes on your credit history if the court orders you to pay something (eg rent arrears) and you still refuse to pay.

Anyway found somewhere, same letting agent as who we are with. Had to pay for and do references all over again yup I know its how they make their money.
Did you consider negotiating these fees in return for agreeing to move out ??
So we jump through hoops offer to pay £6.5k up front in rent as im not working and my husband doesn't quite meet the 2.5 x annual rent thing.
in which case the refs are needed because..... especially as you are known to the agent already.

They have dragged their feet over the last 3 weeks with the referencing and are now saying it might not even come back until the day before we are due to move in (next saturday)
if they are waiting for employer's refs, or current landlord refs, to come back, they cannot control how fast these will be.

Now having to pay all this money up front without knowing if the flat is ours, I requested to see a copy of the tenancy agreement
perfectly fair request
as its via a private landlord only introduced by the letting agents irrelevant(LA are referencing us too) before we actually get to the day of signing, there could be any random clauses in requiring us to hang naked outside the windows once a week or something.If there IS such a clause I would not worry - clauses can only be enforced if they are legal!

This has been flat out refused, Bad! Insist! we have to pay all the money now then on the day of moving if the flat is actually ours, meet the landlord and sign the tenancy hoping nothing horrid is in it.
No. You simply delay moving. And take your time to read the new tenancy agreement and decide. Sorted!

Is it normal for referencing to take so long? we did most of it on line ourselves through let allience .See above.

Is it normal to have to pay all the money then get to see the tenancy agreement? It varies. Most reputable agents/landlords will happily provide a draft agreement in advance Obviously we are not expecting to move in before paying as the daft letting agent thought.!!Yeah! Lots of daft ones....

I realise its slightly different to a normal tenancy in that we are having to pay upfront but everything else is pretty much the same. It just seems very uncertain and stress inducing.

Thanks in advance for your advice.
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Just don't feel rushed/pushed into anything. If you can't move, stay where you are and keep looking.

edit - if you are planning to buy, how far haveyou got? How long is the new tenancy agreement? Do you want to be tied in for 6 (or 12?) months?

If you are anywhere near moving, stay where you are on a (rolling) Periodic Tenancy, and give notice when ready to move.

the S21 will take 2+ months.

Have you discussed any of this with your landlord (NOT the agent)?

Islaboo

Thanks GM for replying in answer to some of your questions

Thats fab news about the credit file bit, it puts my mind at rest as we would of course continue to pay full rent should we have to stay.

we didnt negotiate the fees, the market moves very quickly here and this was one of two we tried to get on the same day, we had been turned down for others because of our coming under the 2.5x rule. (we are only just out on this by about £1k a year might I add)

We are currently renting at the same amount £800 a month with me not working and have been for the past year. We cover the rent fine its just the on paper issue it doesnt look like we ear enough as they wont take into account tax credits or child benefit.

They say they dont need employer refs because we are paying all the rent up front,what we earn becomes irrelevant.

I believe they said it was a referencing company holding it up but we did this on line weeks ago and passed fine, the one where they look you up on the electoral roll etc. My husband passed 100%, they said I may require a guarantor but the letting agent said that was discounted again because we were paying all the rent up front.

Good news about not having to strip naked, on a more serious note I was thinking along the lines of having to redecorate the whole place to a professional standard (its got very high ceilings so would have to pay for this to be done) we have turned down flats a few years ago when told of this clause. Im happy to leave it the same or better but not be redecorating top to toe.

I think a delay will be in order its just me worrying about being with the same agents them telling the new landlord we havent moved out on time and him pulling out last second leaving us with no where.

The letting agency is apparently a member of the property ombudsman ,Nals licensed and ARLA and are well known in this area so dont think they are dodgy in that regard, just dodgy in being letting agents in the first place.

Thanks for answering some important questions for me, Im going to be strong and stand up to them.
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Islaboo

Sorry forgot to add.

Our house we were buying fell through meaning we are now in the position of no house and no where to rent as of yet.

We made one last desperate attempt to buy the week before christmas but got out bid.

We are having to sign a 6 month tenancy in the hopes that something will turn up to buy in the next 6 months and also that we can replace all the money back to our deposit fund in time to buy.

we are now on a rolling contract which started the same time as the s21.

ruggedtoast

In my experience of doing this (paying upfront), yes it normal to pay the money and sign the tenancy on the day of moving.

IIRC we signed the tenancy, then went over the road to a bank which we used to pay a draft into the agent's bank account. We got a receipt which we then went back and showed to the agent who gave us the keys.

I am normally pretty paranoid about this type of thing but there was nothing which worried me.

G_M

More to (maybe!) put your mind at ease...

Islaboo wrote: »

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They say they dont need employer refs because we are paying all the rent up front,what we earn becomes irrelevant.
That makes sense

I believe they said it was a referencing company holding it up but we did this on line weeks ago and passed fine, the one where they look you up on the electoral roll etc. My husband passed 100%, they said I may require a guarantor but the letting agent said that was discounted again because we were paying all the rent up front.
As you say, the basic vettingprocess is online (electoral roll, Credit files, bankrupcy search etc) and these are almost instant. Allow for some admin time and most can be done same/next day. References take time - are they writing to anyone? bank? previous LL?

If not my guess is they are telling porkies....

Good news about not having to strip naked, on a more serious note I was thinking along the lines of having to redecorate the whole place to a professional standard (its got very high ceilings so would have to pay for this to be done) we have turned down flats a few years ago when told of this clause. Im happy to leave it the same or better but not be redecorating top to toe.
My point was not about stripping naked (choose appropriate weather!), but unenforcible clauses. You quote another "redecorate the whole place to a professional standard" again cannot be enforced. By law, you must return the property as you found it (less normal wear and tear). So if it was not decorated to a prof standard when you moved in, you can ignore the clause.

If it was to a prof standard, you should leav it near the same - ie take into account that the decoration was done 6 (or whatever) months ago. You cannot be made to re-instate it exactly as it was. All decoration fades/wears with time. You are only responsible if you have damaged it - ie the kids have drawn smiley faces on the walls!

I think a delay will be in order its just me worrying about being with the same agents them telling the new landlord we havent moved out on time and him pulling out last second leaving us with no where.
which causes them all sorts of hastle with the old LL, who of course you contact yourself to explain the agents (HIS agents) have let you down!

The letting agency is apparently a member of the property ombudsman ,Nals licensed and ARLA and are well known in this area so dont think they are dodgy in that regard, just dodgy in being letting agents in the first place.
:T

Thanks for answering some important questions for me, Im going to be strong and stand up to them.
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