Renting - should this worry me?

Tiddlywinks

Looking for a bit of advice please from anyone with renting experience.

I'm about to take on a rented house on 21 July and have just received the paperwork from the letting agent. They have asked that the contract be signed and witnessed but left undated and returned to them asap - does this sound right? I thought we would sign on the handover day?

Also, they have asked for the deposit and first months rent to be paid up front (OK this I understand) but that cleared funds must be with them at least 48 hours before the handover - is this normal?

Lastly, when we looked around we didn't check that all of the stuff was working - things like the shower, washing machine, heating etc - should we have checked at the time? If there are any faults on the day what do you suggest we do?

I know the questions seem naive but I've never rented before and your help would be really appreciated.

Thanks

Tiddly

lynzpower

Hello there

In terms of the cash issue, im afraid I dont know. Ive always paid in cash or bankers draft on the same day as signing and getting the keys.

Perosnally, I wouldnt feel confident leaving the date blank. I wouldnt do that until you are in the office with the keys ready to be handed.

In terms of testing things, your inventory clerk *could* have done some of it.
I do inventories and I have to check each light switch. I turn fires on ( where appropriate) and check all locks window locks and so on. Plus read and photograph the meters. However, im not an electrician.

There does seem to be very mixed advice as to whether and electricial safety cert is needed http://www.lettings-landlords.co.uk/info/electrical_safety.html it does seem that LLs can be imprisoned if anyone or thier pets are harmed by dodgy elevctrical equipment.
My uncle in law has a business which is now almost soley employed to test electrical equipment and I do know he does a lot of work with letting agents.

At the least you should have all manuals to hand whne you move in. ( we dont here, but there were printoffs off the internet which act as the manuals- im certain they are acceptable under law, as they are just a reprint)

olly300

Tiddlywinks wrote: »

Looking for a bit of advice please from anyone with renting experience.

I'm about to take on a rented house on 21 July and have just received the paperwork from the letting agent. They have asked that the contract be signed and witnessed but left undated and returned to them asap - does this sound right? I thought we would sign on the handover day?

Contracts can be signed and dated before hand, and it's actually easier if it is sorted out a few weeks before hand as LAs tend to be slow with doing things. With an AST it makes little difference when it's signed and dated because it contains the date from which you rent the property. The only reason IMHO not to date it is to allows one or both sides to pull out of the agreement.

Also, they have asked for the deposit and first months rent to be paid up front (OK this I understand) but that cleared funds must be with them at least 48 hours before the handover - is this normal?
Yes. If your payments bounce for any reason and you have the keys they can't kick you out easily once your tenancy has began. They have to go through the courts.

Lastly, when we looked around we didn't check that all of the stuff was working - things like the shower, washing machine, heating etc - should we have checked at the time? If there are any faults on the day what do you suggest we do?
I always check the shower as unfortunately some properties have useless showers, and look for obvious things i.e. black marks round gas fittings/electrical sockets. You should ask to see a copy of the gas safety certificate. The majority of properties don't have electrical safety certificates.

Also make sure you ask them to show you how to use the boiler and hot water even if there is a manual.

I know the questions seem naive but I've never rented before and your help would be really appreciated.
You are not being naive.
You are not being naive

Thanks

Tiddly

If you want to know more of your rights go to https://www.shelter.org.uk and make sure you select the right area of the UK you are in.

franklee

Tiddlywinks wrote: »

I'm about to take on a rented house on 21 July and have just received the paperwork from the letting agent. They have asked that the contract be signed and witnessed but left undated and returned to them asap - does this sound right? I thought we would sign on the handover day?

Signing in advance is preferable IMO but you need to ask when the landlord is going to be signing so that you know he won't pull out. Leaving the date off is not right IMO, ask why that is. The start date of the tenancy should be there.

Tiddlywinks wrote: »

Also, they have asked for the deposit and first months rent to be paid up front (OK this I understand) but that cleared funds must be with them at least 48 hours before the handover - is this normal?

Yes.

Tiddlywinks wrote: »

Lastly, when we looked around we didn't check that all of the stuff was working - things like the shower, washing machine, heating etc - should we have checked at the time? If there are any faults on the day what do you suggest we do?

Ask for a second viewing, I usually do, explain you just want to remind yourself of a few things, take a tape measure and measure something if an excuse is needed. Is the property occupied? If so ask the occupiers about the condition and remember it is someone elses home. Otherwise check the main items things like the boiler so you know there will be hot water, a week before hand should allow time for urgent repairs to be done. But be courteous and ask before you twiddle all the knobs.

Oh and learn to recognise and understand that pesky S21, see my sig

Tiddlywinks

Thanks for your thoughts on this - basically, I'm really worried that I'll turn up on the day having already signed the contract and paid the money only to find something really bad like no hot water or no shower - then I supposed I'm a bit stuffed aren't I?

Franklee - you've given me something extra to worry about there - can you expand a bit on the S21 stuff? I've looked on the Shelter website like Olly suggested and that gave some useful tips but I'm still concerned now about your S21 bit.

Any extra advice would be welcome - thanks again.

Tiddly

franklee

Tiddlywinks wrote: »

Thanks for your thoughts on this - basically, I'm really worried that I'll turn up on the day having already signed the contract and paid the money only to find something really bad like no hot water or no shower - then I supposed I'm a bit stuffed aren't I?

Well it's unlikely, but it did happen to me and in the middle of winter. The boiler was broken so no hot water or heating but then the property had been empty for a while. If it's occupied then I'd expect the basics are working...

Tiddlywinks wrote: »

Franklee - you've given me something extra to worry about there - can you expand a bit on the S21 stuff? I've looked on the Shelter website like Olly suggested and that gave some useful tips but I'm still concerned now about your S21 bit.

Search the form for Sword of Damocles, that's the nickname for the procedure I'm talking about. Basically it means you get served notice to leave (called a Section S21 notice requiring possession) even when the landlord doesn't actually want you to go. That puts you in a bit of a bind as you don't know if you should use the notice to arrange moving or not. It means you have to pay renewal fees if you want to stay as you have to sign a renewal or even worse live with no notice on a periodic tenancy and be asked to leave at anytime. Normally you get two months notice with a periodic tenancy but if you've already been served the S21 then you've already had your notice. Therefore some landlords serve the S21, typically early on in the tenancy, while at the same time saying you can stay should things go well. What it really means is that they can ask you to leave anytime after the initial fixed term as your notice will have expired. It's particularly nasty as in saying you can stay they have technically invalidated the S21 but you'll have difficulty proving that they ever said it.

Useful threads on it:

http://forums.moneysavingexpert.com/showthread.html?t=366877&highlight=Damocles
http://forums.moneysavingexpert.com/showthread.html?t=354451&highlight=Damocles
http://forums.moneysavingexpert.com/showthread.html?t=473460&highlight=Damocles

olly300

franklee wrote: »

Well it's unlikely, but it did happen to me and in the middle of winter. The boiler was broken so no hot water or heating but then the property had been empty for a while. If it's occupied then I'd expect the basics are working...

But as you suggested before, franklee, it is worth the OP trying to talk to the current occupants if they can. If a LA shows you round and you can't talk to the current tenants then they maybe hiding something.

Depending on the contract you may not be allowed to bring in other furniture without the landlord's permission however there is nothing stopping you bringing in large electrical items to do with your job/hobbies, which you need to measure space for.

Debt_Free_Chick

Tiddlywinks wrote: »

Thanks for your thoughts on this - basically, I'm really worried that I'll turn up on the day having already signed the contract and paid the money only to find something really bad like no hot water or no shower - then I supposed I'm a bit stuffed aren't I?

Not really, no - just let the letting agent/landlord know. The contract should be clear that these things are the LL's responsibility.

As for leaving the contract undated, this is OK. It will be dated when the LL has signed. If you date it, then it will pre-date the date on which the LL signs so, arguably, his signature will not be effective (e.g. if you date the contract is 2 July, he will not have signed it on or before that date).

There should be a separate clause in the contract showing the date on which the tenancy is to start (21 July). The date of signing the contract is usually different to the start date of the tenancy, when you sign in advance like this, but the start date for the tenancy should be clearly shown in the contract.

Cleared funds - they are just being extra cautious that they definitely have the money before you move in. 48 hours doesn't seem that excessive and allows a little contingency in case there are any problems (protects you as well as them - after all, you don't want to be denied access because the money hasn't gone through :eek: ).

Is there anything else about the agent/LL that's making you nervous? Or is this your first tenancy and you're just being extra careful?

pcwilkins

Tiddlywinks wrote: »

I'm about to take on a rented house on 21 July and have just received the paperwork from the letting agent. They have asked that the contract be signed and witnessed but left undated and returned to them asap - does this sound right? I thought we would sign on the handover day?

It doesn't really matter. If you are unhappy signing before, then let the agent know and they will probably be happy signing on the day. It's probably just to give you a chance to get it witnessed in case your witness can't be there on the day.

Also, they have asked for the deposit and first months rent to be paid up front (OK this I understand) but that cleared funds must be with them at least 48 hours before the handover - is this normal?

Yes, perfectly normal. As an aside, your landlord/agent should let you know within 14 days of contract start that your deposit is protected and give details of the scheme. If not, let us know.

Lastly, when we looked around we didn't check that all of the stuff was working - things like the shower, washing machine, heating etc - should we have checked at the time? If there are any faults on the day what do you suggest we do?

It is not usual to check these things before moving in. If you find they do not work, you should let the agent know and they should fix them. Make sure they are all on the inventory. The agreement will almost certainly state that the landlord is responsible for maintaining all equipment supplied with the property.

Hope that helps

Peter

Tiddlywinks

Thanks very much for all your help :T this is the first time at renting for me and so I'm a bit unsure of myself - I may well be back with a few more Qs after the signing.

Thanks again

Tiddly