Agent not aloowing me landlords details

mr.blobby_2

yes russe11 i agree totally.
thanks G.M. I will wait till 21 days from my request, then i will consider writing to the landlord as politely as possible. I actually recorded her saying i actually have some issues with how the agent has dealt with some things, if anyones interested id be happy to divulge...

ali_hire

Under section 1 of the Landlord and Tenant Act (1987) the Agent must provide you with the landlords name and address (not a 'care of' address as is acceptable under section 48).

Not doing so is a criminal offence although you must report to the local authority, not the Police.

If they fail to provide you with the information I would absolutely report them to the local authority AND whatever redress scheme they are a memevr of.

thesaint

mr.blobby wrote: »

Before I moved in, the agent told me this would be ok as I was originally not moving in on my own ( which the agent knew) but the contract states otherwise..

What does the contract state?

mr.blobby_2

the contract states not to assign, sublet, charge or part with or share possession ir occupation of the property...
however...
apparently its been amended and states I can have someone stay.
I say apparently, as the agent took the contract with the amendment on it..
also the agent tells me that amendment refers to a specific "friend" which seems odd to me that it would be specific to only 1 of my friends...
Also, what I find rather dodgy and I would like to hear some oppinions on this.... After we signed the contracts, the agent left the house with both contracts ( hence them getting mixed up ) and returned with someones signature on them later named as a "witness" This seemed a bit dodgy to me as there was no one there who witnessed anything.. Not that that is important but its just annoying some people only stick to clauses they want yet stray depending on how convenient it is for them and only them.
then again what can i expect from someone whose only job is to get between me and the owner and take a bit of cash every time a transaction is made for basically, doing nothing...

mr.blobby_2

slopemaster wrote: »

Not if the OP takes them as a lodger.

whats an OP?

RAS

Original poster = you in this case.

mr.blobby_2

anselld wrote: »

You should probably have written (a letter) rather than email requesting the Landlords details as per Section 1 of the Landlord and Tenant Act..

Surely if I can do banking online, if companies such as my gas and electricity, internet and all other companies are able to do business online and through paperless means, which i do, surely an E mail must have similar weight to a written letter?
Am I wrong?

G_M

mr.blobby wrote: »

Surely if I can do banking online, if companies such as my gas and electricity, internet and all other companies are able to do business online and through paperless means, which i do, surely an E mail must have similar weight to a written letter?
Am I wrong?

Landlord and Tenant Act 1987

48 Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

The Act refers to an address - postal.

Now arguably the fact that the LL must give this to a T does not mean the T has to use it, but it is certainly advisable.

G_M

mr.blobby wrote: »

the contract states not to assign, sublet, charge or part with or share possession ir occupation of the property...
So letting would be breach
however...
apparently its been amended 'apparantly'.....? how/when was it amended? How can you not know/be sure? What makes you think it was?and states I can have someone stay.

I say apparently, as the agent took the contract with the amendment on it..well, then.... You still have the original, unamended contract? Unless the agent/LL decides to give you a copy of the amended version you could be ****ed.
also the agent tells me that amendment refers to a specific "friend" which seems odd to me that it would be specific to only 1 of my friends... so this was a specific, named, friend? The same friend you now want to move in, or someone different?
Also, what I find rather dodgy and I would like to hear some oppinions on this.... After we signed the contracts, the agent left the house with both contracts
Not normal. You should have kept one signed by the agent
( hence them getting mixed up ) and returned with someones signature on them later named as a "witness" This seemed a bit dodgy to me as there was no one there who witnessed anything..
So was this a Deed of Variation? In that case, yes, the witness should have observed you both sign. However it is unlikely it needed to be a Deed - most courts would accept a simple signed new contract
..

.........................................................................:beer:

Bantex_2

How is contacting the landlord going to make any difference to the sub letting issue? would more likely just annoy them.