Landlord won't give me a photocopy of the tenancy agreement

BYO

Ok, I have a problem that i need help with, I asked my LL for a photocopy of both sides of the tenancy agreement (from the LL's copy) because mine was lost at the beginning of the year, but the LL is refusing to give me a photocopy/scan of theirs, the LL says if i want a copy of an agreement i'll have to sign a new one.

But I don't want to sign another agreement as i prefer the current rolling contract as i don't want to be tied into this crap property for another 6 months. I'm going for a mortgage in a few months and so i don't want another 6 month tenancy agreement.

I am currently going through a claim with my contents insurance for a damaged carpet in the house, my sofa broke inside and something sharp was digging into the carpet and caused a hole in it so i need to replace the carpet. But the insurance company are asking for a copy of the tenancy agreement to prove i am responsible for damages to the carpet.

As the LL won't give me a photocopy of both sides of the tenancy will this be grounds enough to refuse to pay for it out of the deposit and say that as i've tried to have it replaced but can't, due to to the LL not giving me a photocopy of the tenancy agreement, the LL should pay for it now as i'm no longer responsible..?

Thanks

jmd4eva

If I recall correctly, it's law for someone you are in a contract with to provide you a copy of the contract for free or minimal administration fee (e.g postage).

G_M

Hmmm. Interesting one.

The LL is under no obligation to give you a copy, though any half-decent landlord would.

An agent, in this situation (at least any half-decent agent!), would provide a copy but probably charge you an admin fee, which is acceptable provided it is for a reasonable amount.

But back to the carpet. You are responsible for the carpet damage since your sofa caused the damage. You are willing to replace the carpet, via your insurance, but need the LL's cooperation for this. The LL is refusing to cooperate.

In the event that when you leave
* the carpet is still damaged
* the LL holds you responsible
* you contest this because of the LL's failure to cooperate

I cannot guess how the arbitrators would decide. But I can say that you will hugely strengthen your case if

a) you write to the LL explaining all the above, and offer topay his (£10?) costs for photocopying, time & postage) and ideally

b) you get a written reply from the LL refusing

BYO

G_M wrote: »

Hmmm. Interesting one.

The LL is under no obligation to give you a copy, though any half-decent landlord would.

An agent, in this situation (at least any half-decent agent!), would provide a copy but probably charge you an admin fee, which is acceptable provided it is for a reasonable amount.

But back to the carpet. You are responsible for the carpet damage since your sofa caused the damage. You are willing to replace the carpet, via your insurance, but need the LL's cooperation for this. The LL is refusing to cooperate.

In the event that when you leave
* the carpet is still damaged
* the LL holds you responsible
* you contest this because of the LL's failure to cooperate

I cannot guess how the arbitrators would decide. But I can say that you will hugely strengthen your case if

a) you write to the LL explaining all the above, and offer topay his (£10?) costs for photocopying, time & postage) and ideally

b) you get a written reply from the LL refusing

I rent privately so i can't go to an agent sadly

Do i need to write a letter and send by recorded delivery or is an e-mail enough? i have already e-mailed the LL.

I live 2 mins walk from the LL and have already said i would scan the LL's copy of the tenancy agreement using my own scanner then give the original straight back (The LL said they don't have a scanner), or the LL can come to mine and wait for me to do it.

BYO

jmd4eva wrote: »

If I recall correctly, it's law for someone you are in a contract with to provide you a copy of the contract for free or minimal administration fee (e.g postage).

I've been looking online for something like this but can't find anything, all i can find is that they must give me a tenacy agreement, which the LL did, but i lost mine (Well the council lost mine!).

spacey2012

SAR a copy, costs £10, he is operating a business.

ValHaller

G_M wrote: »

Hmmm. Interesting one.

The LL is under no obligation to give you a copy, though any half-decent landlord would.

An agent, in this situation (at least any half-decent agent!), would provide a copy but probably charge you an admin fee, which is acceptable provided it is for a reasonable amount.

But back to the carpet. You are responsible for the carpet damage since your sofa caused the damage. You are willing to replace the carpet, via your insurance, but need the LL's cooperation for this. The LL is refusing to cooperate.

In the event that when you leave
* the carpet is still damaged
* the LL holds you responsible
* you contest this because of the LL's failure to cooperate

I cannot guess how the arbitrators would decide. But I can say that you will hugely strengthen your case if

a) you write to the LL explaining all the above, and offer topay his (£10?) costs for photocopying, time & postage) and ideally

b) you get a written reply from the LL refusing

When it comes to the question of the Landlord reclaiming from OP's deposit, LL is obliged to mitigate his losses. Possibly the Arbitration scheme may rule the question of the insurance and of mitigation of losses as being outside their remit., but I think that putting this before a court would set that straight.

I agree with the suggestion to write to the LL - in this case, signing a new agreement will not do, because it will post date the claim. It has to be the previous agreement

Voyager2002

Would the insurance company accept a letter from the landlord stating that you are responsible for the damage? Presumably he would give you one.

In the post above, SAR stands for Subject Access Request, and refers to your rights under data protection legislation.

BYO

So does a tenancy agreement come under SAR? If so then i will use this if all else fails, i'm going to write to the LL too, maybe i can get a letter from them saying they hold me responsible for the damage then i can pass this on to the insurance firm.

G_M

Aha! Catch 22!

You write formally to the landlord at the address "for the serving of notices", which by law he has to provide.

It is usually provided..... on the tenancy agreement!

BYO

I know the LL's address, the LL only lives a few mins walk from me ha ha.