Letting agent will not put tenants in touch with landlord

nadirnwo

Hi,

I recently came across an apartment which we liked. We went to visit the property and while we liked the apartment overall, we had some queries about the furnishings, EPC, gas safety certificate, etc. As we walked out of the building the letting agent told us to put down a holding deposit and that we can sort out all these other issues over time.

The process has now started, with the agents completing the referencing process which we have passed.

However, the agent will not give us the direct contact details of the landlord with whom we want to discuss furnishings etc in regards to the flat. He is saying we need to wait till we sign contracts.

I then emailed a list of questions asking him to forward to the landlord. I had no reply for a week. Called him today and he said that the landlord will get back with a list of furnishings "soon" but did not answer any of the other questions.

What should I do? Can I insist to speak to the landlord? Should I sign the contract and then speak to the landlord directly? Should I accept that the holding deposit is gone and return to looking for a new property to rent? Because as of now it seems as if the process is continuing with us just along for the ride.

HappyMJ

Your options are to walk away from the property.

You can get your holding deposit back if you scream loud enough...or start court action to recover it. They aren't helping themselves by not even passing on messages so I'd think it's likely a court will rule in your favour. It is a requirement that the agency/landlord show you the gas safety certificate before you sign the contract so request that before you sign anything further.

nadirnwo

Thanks HappyMJ! Can the letting agents say that the property is managed by the landlord to get out of their responsibility to provide EPC, gas safety certificates, contact with the landlord?

BitterAndTwisted

Yes, they can but if they won't allow you to contact the landlord this suggests very strongly that the property is fully-managed by this agent.

There are recourses available to you for not seeing a gas-safety cert but absolutely none if there are things you require, or things you want removed from the property after you have signed the tenancy agreement. One you've signed, that's it, you've pretty much accepted what's in there for the duration.

They must be quietly confident that they can find tenants very easily with this sort of behaviour.

nadirnwo

When we went to visit the flat, the landlord was present. They said that they were in the process of moving to a new property and so there was alot of stuff around. It was unclear what they would leave and what they would take. I have no idea at present what constitutes the apartment being "furnished". This is a property in a relatively new build along the DLR in London so I am sure they are spoilt for choice, but I dont even know what all I have to pay for as they havnt confirmed weather their is gas or not, whether we have to pay separately for the central boiler, nothing.

BitterAndTwisted

In a lot of new-builds there is no gas supply to the building, so the only form of heating is electric wall-panels. I wonder why you didn't ask or notice about the form of heating while you were there.

Still, I would warn you against signing anything until you know what is being supplied and what is not. I suspect this landlord hasn't decided yet, and they haven't done an inventory so that's why you haven't been told.

nadirnwo

They were radiators there and when I asked they said there was gas. But then when I went through the developments brochure there didnt seem to be any reference for a gas connection.

Everything happened so fast. For a long time I couldnt find a property. Then one day I got a call at 3 saying to view a property at 530. Didnt get much of a chance to do my homework.

Then I guess I got sucked into the agents "the market is so busy that if you dont put down a holding deposit the property will be off the market by lunchtime the next day"

G_M

1) Once you sign the tenancy agreement, you have a contract. You will be commited.

2) Ask to see an inventory. This will list what is in the property. Keep a copy, together with the tenancy agreement, once you sign it. It then forms part of the contract.

3) negotiate any changes to the inventory before you sign the TA

4) You have no right of access to the LL before you are a tenant. It is at his discretion.

5) Once you are a tenant, the Landlord & Tenant Act 1985 S1 gives you the right to demand the LL's actual address (though it can be difficult to enforce this right).

thesaint

HappyMJ wrote: »

It is a requirement that the agency/landlord show you the gas safety certificate before you sign the contract so request that before you sign anything further.

Which requirement is it?

nadirnwo

So it seems that I shouldnt sign a contract because then it will be binding. But at present the problem is that I am getting no response from the letting agent, who is either not communicating with the LL himself and he is not willing to let me get intouch with them directly. I dont know what I am getting into. If I back out I guess they will claim the holding deposit. Seems pretty loose loose either way.

HappyMJ

thesaint wrote: »

Which requirement is it?

Gas Safe regulation's http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

I'm suggesting that as a way of getting out of signing the tenancy agreement. If they can't see the certificate they can't sign the tenancy agreement and they can get the holding deposit back with much less hassle than relying on the other points the OP has raised.

Make sure your landlord is complying with the law


Your landlord has specific legal responsibilities when it comes to gas safety. Even if a property is only rented for a short time, like holiday accommodation, the Gas Safety (Installation and Use) Regulations require your landlord to:

• Maintain pipework, appliances and flues provided for your use in a safe condition.
• Carry out a 12 monthly gas safety check on each gas appliance/flue. A gas safety check will make sure gas fittings and appliances are safe to use.
• Provide you with a record of the annual gas safety check within 28 days of the check being completed or if you’re a new tenant before you move in. If a property or room is hired out for less than 28 days at a time, it is also permissible for your landlord to display a copy of the current Landlords Gas Safety Record in a prominent position within the property.