Pre-Tenancy Nightmare

elwappo

Hi MSE,
I have a tenant (a couple) who have yet to move into a unfurnished property of mine. They signed the AST at the beginning of this week and were very happy. We both have a copy of this. But at the 11th hour (two days ago, with the tenancy starts tomorrow - Monday), wanted a new AST drawn up specifying the property is "unfurnished". The AST says "any fixtures, fittings, carpets, blinds, furniture and furnishings, as specified in the inventory" (of which I have provided a very detailed inventory specifying everything at the house). There is no furniture, hence, no mention of this in the inventory. Nor a explicit furnished or unfurnished stipulation in the AST as it just outlines the contract.

I amended the AST to remove the wording "furniture and furnishings", even though I assured them in writing via a text I do not dispute the property is unfurnished, and the inventory does not specify any furniture or furnishings. I took photos and encouraged them to take photos of everything and anything they feel they would like to at the house. The did.

I have a text tonight saying the amended AST still does not mention the property is "unfurnished". And that the Terms and Conditions of the inventory have the words "furniture and furnishings". They say "this needs clarification". I could end up writing amendments till the cows come home, but I'm unwilling to do this as everything in my eyes is contractually sound.

I'm pulling my hair out tonight, as I have provided them with up-to-date certificates, paperwork, including above amendments, been very cooperative in waiting a few extra weeks so they could sort finances, and meeting them several times at the property so they could measure up and show their parents around. I felt this is the least I could do being their first property together.

Am I being unreasonable when the inventory, photos and AST are all sound and don't make mention to a single furnished item?

It's being picky? Alarm bells are now ringing on my side on what this couple could be a nightmare tenancy. The woman provided me with a sound credit rating, where she specified his isn't that great, and yet to be provided (of which I will not hand over a key without). I have a feeling he may be embarrassed/delaying or pushing my buttons to get out of this, where she can't wait to move in.

Should I tell them to pay to see a solicitor? Any advice MSE?

steeeb

Find other tennants.

LittleMax

I would tell them that if they are not happy with the tenancy agreement that they have signed that you are willing to release them from the contract.

How old are they? I wonder if they (or their family) are harking back to decades ago when there was a difference to the rights tenants had if furnished or unfurnished.

HappyMJ

elwappo wrote: »

Hi MSE,
I have a tenant (a couple) who have yet to move into a unfurnished property of mine. They signed the AST at the beginning of this week and were very happy. We both have a copy of this. But at the 11th hour (two days ago, with the tenancy starts tomorrow - Monday), wanted a new AST drawn up specifying the property is "unfurnished". The AST says "any fixtures, fittings, carpets, blinds, furniture and furnishings, as specified in the inventory" (of which I have provided a very detailed inventory specifying everything at the house). There is no furniture, hence, no mention of this in the inventory. Nor a explicit furnished or unfurnished stipulation in the AST as it just outlines the contract.

I amended the AST to remove the wording "furniture and furnishings", even though I assured them in writing via a text I do not dispute the property is unfurnished, and the inventory does not specify any furniture or furnishings. I took photos and encouraged them to take photos of everything and anything they feel they would like to at the house. The did.

I have a text tonight saying the amended AST still does not mention the property is "unfurnished". And that the Terms and Conditions of the inventory have the words "furniture and furnishings". They say "this needs clarification". I could end up writing amendments till the cows come home, but I'm unwilling to do this as everything in my eyes is contractually sound.

I'm pulling my hair out tonight, as I have provided them with up-to-date certificates, paperwork, including above amendments, been very cooperative in waiting a few extra weeks so they could sort finances, and meeting them several times at the property so they could measure up and show their parents around. I felt this is the least I could do being their first property together.

Am I being unreasonable when the inventory, photos and AST are all sound and don't make mention to a single furnished item?

It's being picky? Alarm bells are now ringing on my side on what this couple could be a nightmare tenancy. The woman provided me with a sound credit rating, where she specified his isn't that great, and yet to be provided (of which I will not hand over a key without). I have a feeling he may be embarrassed/delaying or pushing my buttons to get out of this, where she can't wait to move in.

Should I tell them to pay to see a solicitor? Any advice MSE?

Honestly....find another tenant.

What do you mean when you say you haven't been provided with a credit rating? How did the woman provide you with a credit rating? Normally you would do your own credit checks and not rely on anything given to you. I could easily manipulate a document I downloaded off the internet to show you I had a perfect credit score. I can also print my own payslips and I legally do as I own a company and run my own payroll. I could make the payslips show a larger income figure than I actually get. I could give you my friends phone numbers and tell you they are my employer. How do you know all this is the truth or not.

So...if alarm bells are ringing...move on.

Pixie5740

Not to mention that credit scores are just arbitrary numbers made up by the credit reference agencies. They're just a marketing tool to get suckers to pay for products to help improve the score. It's possible for someone with defaults to have a"perfect" score. Lenders don't use them so why would you? Lenders carry out their own referencing, yes part of that uses the credit history information but they categorically do not use the score.

As a tenant I usually didn't sign the tenancy agreement until the day I got the keys and never before I was referenced except in the cases where the silly landlord didn't bother to do any referencing.

If they weren't sure about the TA they should have taken it away to read before signing, not signed it and then ask for things to be amended.

Don't bother suggesting they see a solicitor. Tell them that they've signed a contract but if they don't want to go ahead with the tenancy you'll be happy to cancel the contract. With a bit of luck they'll agree to this (they sound like PITA already and they've not even moved in yet) leaving you to find other tenants who you'll reference before giving them a contract to sign.

FBaby

Sorry but I don't blame them. With everything you read here, I can understand how they want to start their tenancy with no ambiguity at all and at the moment, there is some.

All they want is any removal of any mention of furnishing and furniture in any of the documents related to the tenancy. Frankly, as a landlord, you should have made sure that this was the case before giving the agreement/inventory to sign.

I would much rather have tenants who are keen on making sure everything is to the book then having eager tenants who then go on to dispute absolutely everything.

I do agree though that they shouldn't have agreed to sign it until they had read it in detailed but maybe they felt pressure to do so there and there. Just make the small amendments and then let them get on with it.

Guest101

Reply:


Dear Tenant,


I have made a reasonable amendment and will not be making more.


Will you be taking up the tenancy? If not, I shall require from you payment to remarket the property


Kind regards


Etc.

PasturesNew

They've misunderstood words like "furniture". Handles are door furniture.

G_M

This is just absurd!

Have they paid a holding deposit (on what terms)? Security deposit? Initial rent?

You have options:

1) Offer to release them from their contract but keep the holding deposit (assuming you took one).

2) Offer to release them from their contract but keep the 1st months rent (assuming rent and/or security deposit paid).

3) Inform them the contract you offere is as per the contract they agreed/signed. The keys will be available on (date).

4) I they've paid nothing, offer to release them from their contract in return for your re-advertising costs and lost rent due to delay in occupation.

Frankly you're best rid of them even if you get nocompensation- they are going to be trouble...........

You have got references (employer, previous 2 landlords) and you did credit check, yes?

melstar11

It is ambiguous as it is currently written and is it such a big deal to amend it? Make a manuscript anendment and both sign it if you don't want to re-print it. I think it's a good sign they've actually read the tenancy agreement. Many don't or only selectively read the bits that matter to them.

Kynthia

So they've signed, have you signed? If so then they have to take up the tenancy or pay your losses for breaking the contract. Same for you, if you prevent them from beginning the tenancy then you need to pay any costs they incur.