Paying deposit before seeing tenancy agreement?

Loadsabob

I've paid a non-refundable £150 'application fee' to a letting agent, to hold a property while referencing is done.

The agent has set out the steps of the process in writing, and it states that the 'deposit' (one month's rent + £150) is due when referencing is complete, and that "Once the deposit has been received, the Tenancy Agreement will be emailed to you".

Now I'm panicking a bit (now the office is closed, of course!!) - surely we can't be expected to pay the deposit before we even see a draft tenancy agreement?? (It doesn't state as much in writing, but this must be the deposit against damages - this and the £150 paid so far seem to be the only two payments required in this process). Paying first seems like a trick - anything could be in that agreement!

Does anyone have experience of having to insist on seeing a tenancy agreement before paying the deposit?

bris

Tenancy agreements are pretty standard and tbh it doesn't matter what they put in a tenancy as the law protects you against unfair terms.

Everything in the tenancy will be geared towards the LL but this is common and they certainly cant enforce any terms that are deemed unfair so don't worry to much about it.

Is there not a branch you can go into and do it all face to face?

Billie-S

Have to agree with the poster above. I don't know anybody who saw the tenancy agreement before actually paying the application fee which included the credit check and was non-refundable.

Pretty standrard practice. You will find this happening no matter which agent you use.

pmlindyloo

Loadsabob wrote: »

I've paid a non-refundable £150 'application fee' to a letting agent, to hold a property while referencing is done.

The agent has set out the steps of the process in writing, and it states that the 'deposit' (one month's rent + £150) is due when referencing is complete, and that "Once the deposit has been received, the Tenancy Agreement will be emailed to you".

Now I'm panicking a bit (now the office is closed, of course!!) - surely we can't be expected to pay the deposit before we even see a draft tenancy agreement?? (It doesn't state as much in writing, but this must be the deposit against damages - this and the £150 paid so far seem to be the only two payments required in this process). Paying first seems like a trick - anything could be in that agreement!

Does anyone have experience of having to insist on seeing a tenancy agreement before paying the deposit?

Despite what people have said about much being protected by law there are clauses in tenancy agreements which could be invalid but to prove so could result in hassle when leaving. (Just read a few stories on here)

Usually the signing of the tenancy agreement, the deposit and one month's rent paid up front is done on the day when you move in. (at least that's my experience)

I asked for a draft copy to be forwarded to me by email once they had done the credit checks.

Whatever happens read anything very very carefully before you sign it (do not be rushed by LA saying 'oh it's a standard agreement'.) and query anything you don't understand/agree with.

There's a guide on here for new tenants. I'll try and find it.

A Tenant's Guide to Renting

https://forums.moneysavingexpert.com/discussion/937335

Annie1960

pmlindyloo wrote: »

[/B]

Despite what people have said about much being protected by law there are clauses in tenancy agreements which could be invalid but to prove so could result in hassle when leaving. (Just read a few stories on here)

Usually the signing of the tenancy agreement, the deposit and one month's rent paid up front is done on the day when you move in. (at least that's my experience)

I asked for a draft copy to be forwarded to me by email once they had done the credit checks.

Whatever happens read anything very very carefully before you sign it (do not be rushed by LA saying 'oh it's a standard agreement'.) and query anything you don't understand/agree with.

There's a guide on here for new tenants. I'll try and find it.

I agree. I would not pay for any agreement where I had not been able to read the contract first. Good idea to ask for an copy by email.

PasturesNew

It is bad. Even if you ask to see a tenancy agreement they'll refuse. First time you see the hefty tome is when you're in their office, with your belongings in a public car park across the road and you're there hoping to sign/get the keys and hoping there's not going to be a problem where they say "LL changed his mind....."

topdaddy_2

Agrrement before a deposit. Or at the same time. Theres no reason to do it after and if you agree to the deposit doesnt that form part of the tenacy agreement?

davidmcn

It does seem to be common practice but I agree it's ridiculous - in any other context you'd be mad to commit to signing a contract which you haven't even seen yet.

Loadsabob

Thanks everyone, I appreciate your replies. I understood that paying the application fee up front was standard, but I can't see that paying a full security deposit before reading through a draft tenancy agreement is reasonable. If the tenancy agreement is fairly standard (though I will read it carefully!), they should have no concerns about me seeing it before paying over a month's rent!! So I will definitely ask. They know we want to move in to the place, and if we back out at that stage, they still have our non-refundable £150, so the agent doesn't have much to lose!

Yes, Bris, there is an office I can go into, so perhaps will do that, thank you.

The sooner tenants get some protection from LA practices and the less scrupulous landlords, the better! (I won't hold my breath!). You get longer to make a decision about which tin of beans to buy in the supermarket! And many other purchases in life come with a legal cooling off period :-|