New Tenancy Deposit & First Month's Rent Question...

RobSM

Hi all

I have a query on behalf of my girlfriend, she's moving to a new property in June and the Letting Agents (Andrews) are demanding payment of the first month's rent and deposit before she's even seen the tenancy agreement. She has already paid a significant holding deposit and obviously doesn't want to hand over more money before signing an agreeable contract, but despite multiple requests the agent still hasn't sent anything through.

I remember having a similar situation myself a few years ago and was advised that you have up to 24 hours before the start of the tenancy to pay the deposit & rent (having already paid a holding deposit), is this still true? If so, could someone point me to a legal quote that my girlfriend can fall back on should the agent keep pushing for payment without providing the contract?

Many thanks in advance
Rob

G_M

Yur girlfriend should keep pushing for the tenancy agreement. At the very minimum she should have a 'draft' copy so she can read the terms.

I see no reason why rent should be paid before a tenancy is agreed/signed.

One option would be to pay the rent (and deposit) but insist on a receipt stating it is one month's rent for the property at (address), and also stating the tenancy start date.

That in itself would constitute a contract, and the tenancy agreement could then be ignored (not signed, ever).

I can forsee difficulties/dispute, but legally, by accepting rent for a property with a tenancy start date, the agent would be creating a legally binding contract. Since most of the additional terms in the actual tenancy agreement are likely to be for the benefit of the landlord, the tenant loses little (legally) by not signing it.

In practice, persuading the agent to hand over the keys though may be difficult........

bebewoo

Normally it's all done at the same time, an appointment is made at the estate agents, you read the tenancy agreement and sign it and hand over the deposit/first months rent. The TA will state what the rent and deposit is.
If the agreement is not signed at the same time as handing over the money how is there any form of documentation that the money was intended for that particular purpose, the agent could say anything.
Normally estate agents are very trustworthy but who knows???
I would say no contract, no money.

Guest101

bebewoo wrote: »

Normally it's all done at the same time, an appointment is made at the estate agents, you read the tenancy agreement and sign it and hand over the deposit/first months rent. The TA will state what the rent and deposit is.
If the agreement is not signed at the same time as handing over the money how is there any form of documentation that the money was intended for that particular purpose, the agent could say anything.
Normally estate agents are very trustworthy but who knows???
I would say no contract, no money.

With a reciept?

RobSM

Thanks for the responses everyone.

There will be no further payments to the agency until the TA has been seen and signed, I can assure you. What I'm really hoping to do is put my GF's mind at rest regarding the time frame she has to pay the first rent/deposit (she doesn't move until mid-June). We live in London and having to cover 2 rents and a deposit in one month is difficult to say the least, so the later she can pay these the better for her. As I mentioned before, I remember being told/reading that you have up to the day before commencement of the tenancy to make these payments, but I can't remember where/who told me it (though I have a feeling it was on this very site). Does anybody know where I could find such info (e.g. Citizen's Advice Bureau, etc) for me to pass on?

I've never had to pay the rent/deposit more than a week in advance, and always after submitting a signed copy of the TA including the LL's signature. Unfortunately my GF needs a little more than my word to feel confident in putting off the letting agent :wall:

Guest101

There's no law like you describe. This is the formation of a civil contract, which is an offer and an acceptance.

So the agents dont have to do as you request, and you dont have to do as they request. But then no contract.

G_M

Indeed.

And similarly if the agent offers a tenancy at £X pm, and you accept and pay £X, and what's more the agents confirms receitp of the payment, then a contract exists (whether or not a written agreement exists). The terms are whatever was discussed and agreed - no more and no less.