Private Let - Help Please

Baileycat

Hi all, hoping for some advice and/or reassurance, I'm driving myself crazy with worry. Might be worthwhile to note that we are in Scotland as I know the rules differ slightly depending on where you are.

My partner & I have always been in housing association properties but have decided to spend a bit more monthly to get a home privately that will suit us long-term. It's always something I've been really wary of, from a stability point of view (temporary jobs, landlord deciding to sell up & having to find somewhere else short notice etc), but now that we are both in stable employment and have savings behind us he has finally persuaded me to take the risk and go for it.

We have chosen a property and have been led to believe that it will be long-term, although starting on a 6 month contract, so for the most part I am happy with that (although wouldn't mind your views on how likely it is that this will just carry on if both parties are happy with the arrangement).

I've read lots on here over the past few days but there is one thing I cannot seem to find the answer to. The letting agent has marked the property as "let agreed" on the website, asked for some documentation (proof of income, ID and landlord reference) and a deposit, but they haven't mentioned anything about credit checks etc. They seem to be unique in that they are primarily solicitors, but have a lettings agency set-up as a smaller part of their overall business.

There are a few things bothering me. The first is that I need to give 28 days notice to my current landlord (housing association) and obtain a reference for the new home. I am reluctant to do this until I know for sure that we will be actually moving. I know that the reference will be good because we have always paid our rent on time and we are decent, hardworking tenants with no complaints made against us. We will leave the property in good order and pay whatever is due. I don't see the proof of ID or income being an issue either. However, I am wary that for one reason or another the whole thing may fall through & we won't be able to carry on where we are - at the moment we have only been for a viewing, verbally agreed to let the property and they don't have any of our personal info. They know practically nothing about us, but have advised the property is "definitely yours" because it has been taken off the market. Once they get all the documentation "for filing", presumably they will do an electoral roll check or similar, and probably look at the income to make sure we can afford the rent, but other than that, is there really nothing else I should be concerned about? My credit history has improved over the last year and a half but was previously abysmal. They haven't said that they will check this but if they do, would they really wait until they had all of the documents, plus the deposit, then decide we're not right for the property & put it back up for viewing again? The way they keep referring to the property as "yours" and so on makes it all sound like a done deal but I can't help worrying that I'm missing something.

Also, they were a bit sketchy about how the rent works and I feel stupid asking them :rotfl: Agent said once the documents are in they will arrange an entry date and "get everything sorted" next week. They don't seem to be in a great rush. What I want to know is, whilst this property is currently off-limits to other tenants (who may have been available to move in immediately), are we liable for the rent? E.G. I will continue paying rent on my existing home and after 28 days I can leave, so let's say the move in date isn't until end of November - as I have now essentially reserved this home to move in to in a month's time, I'd have thought that I should start to pay rent pretty much straight away, i.e. along with our deposit. As yet there have been no mention of keys, contracts or the like and I really don't know what the next steps are once these documents are in. Do I put in my notice to current LL now? Wait until a contract has been drafted? But then if I don't put in my notice to current LL I can't get my reference to proceed with this new let? All seems a bit catch 22!

Sorry, I know this is long, but I am completely stumped. With HA it was a case of going to the office, paying the first month's rent, signing a contract and taking the keys, all on the same day. I can't wrap my head around the whole private let thing and I'm not sure whether I'm going to essentially be liable for two properties crossing over, or not.

For what it's worth, the agency does appear to be all above board and the lady we've been dealing with is great, always returning our calls etc. She states the landlord is very approachable too, willing to make alterations etc if the tenant desires, willing to reduce rent once we demonstrate that we'll be staying long-term etc. I just don't know where to go from here! Thanks in advance for any help or advice you can offer

Pixie5740

Any property I've rented in Scotland I've gone to the LA office, or the rental property with the LL, paid the 1st month's rent and deposit in cash (got a receipt), signed the TA and got the keys. Sometimes, in fact most times, I've had a cross over period where I've paid rent on two properties at the same time.

When you sign a 6 month tenancy agreement, unless the tenancy specifies otherwise, it will automatically renew for another 6 months, then another 6 months and so on unless either party wants to end it. Check the agreement to see what it says.

Baileycat

Pixie5740 wrote: »

Any property I've rented in Scotland I've gone to the LA office, or the rental property with the LL, paid the 1st month's rent and deposit in cash (got a receipt), signed the TA and got the keys. Sometimes, in fact most times, I've had a cross over period where I've paid rent on two properties at the same time.

When you sign a 6 month tenancy agreement, unless the tenancy specifies otherwise, it will automatically renew for another 6 months, then another 6 months and so on unless either party wants to end it. Check the agreement to see what it says.

Thank you for this! So it really was as simple as that? Did they do any credit checks or likewise at the same time, or did you need to wait days/weeks? I did say to them I could pay 1st month's rent on Thursday but they seem keen to get the documents at "some point next week" and then just take it from there. I was surprised that they actually took it "off the market" based on a verbal agreement, with no deposit paid (at the time). Might have faffed about for a week and then changed my mind, and then they've lost out when they could've been renting to someone else?! I guess that's not really my problem. Maybe they just think we look like genuine people eh

The arrangement you've mentioned would be perfect. It really does have everything we need & want, and we'd be happy to stay there for years based on what we know about the area already (family nearby). I hope it's not too good to be true and she doesn't just decide to sell up in a years' time!

Pixie5740

Some did credit checks, some haven't. Those that did took anything up to a week to complete all the referencing. Usually I've paid a holding deposit that went on to form part of the security deposit once all the documentation had been sorted.

I hope this does work out as a long term arrangement for you as it's always a risk with private rentals.

Baileycat

Strange that, isn't it. I fully expected to be credit checked but it wasn't mentioned even once - just a deposit, and some documentation. I've been credit checked for pretty much every job I've had over the last 4 years so thought it'd be fairly standard! She did mention a holding deposit, but she stated that this would be instead of the full deposit, in case we couldn't afford it for a few days/weeks - as it turns out we could, so was happy to pay full deposit today. But no discussion about when the first rent payment would be due!

You've really put my mind at ease though, thank you I hope that it is very straightforward and that it turns out to be long-term. It's the type of place that tends to be, I think (low turnover, out in the sticks). I believe the property was inherited from her late mother only 6 months ago, with only one set of tenants in before us (who only needed a short term let before buying their own home). Part of me thinks well, mortgage is probably paid off & it's giving them a good income each month - but on the other hand I know some people in this position prefer just to sell off the house instead. Houses aren't selling in the area very well but rentals get snapped up all the time. I'm not a big risk taker but the HA have been a bit useless about the anti social carryon round here and we've had enough - the limited properties that they do still have which we would be eligible for are exactly the same, maybe even worse.

theartfullodger

See here for great advice...
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord

Your tenancy type, unless the agent/landlord is a twit, with be a Short Assured Tenancy: Some agents & some landlords (& some tenants & some MSPs..) are twits: I was a twit landlord when I started..

Wot pixie says is true!

Security is much better with a Housing association tenancy than a private let, as I think you know.

Check the property here..
https://www.landlordregistrationscotland.gov.uk/Pages/Home.aspx
to see is it registered & if so who is landlord..

Baileycat

theartfullodger wrote: »

See here for great advice...
http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord

Your tenancy type, unless the agent/landlord is a twit, with be a Short Assured Tenancy: Some agents & some landlords (& some tenants & some MSPs..) are twits: I was a twit landlord when I started..

Wot pixie says is true!

Security is much better with a Housing association tenancy than a private let, as I think you know.

Check the property here..
https://www.landlordregistrationscotland.gov.uk/Pages/Home.aspx
to see is it registered & if so who is landlord..

Wow, that was incredibly helpful, thank you! I thought you had to pay to find out the landlord's details, or request them via the agency.. the name matches what was on the post at the property so that's a good sign!

It states: "An application has been approved by this local authority. That address is registered with the local authority as follows"..... and then goes on to name the landlord & give their address. Good sign then?

Agency also mentioned being part of a deposit scheme before I even got to ask - I will query which one it's registered with.

I'll also have a look at the link to Shelter website just now

Glad you are no longer a twit landlord! we are definitely not twit tenants, we have just had enough and want some peace and quiet in a nice neighbourhood. Shame we need to pay through the nose for it and risk being papped out if they decide they want to sell, but I guess that's up to them! Can only wait & see what happens

xylophone

As you are both in stable employment, are you able to afford a mortgage?