Unhelpful letting agent holding back on providing tenancy agreement(moving in 3 wks)

LittleWelsh

Hi there, apologies if a similar thread has been posted before. I did try the search but didn't find anything.

To summarise a long winded story, my partner and I are moving in together on the 1st April (hopefully), and our experience with the letting agent so far has been infuriating, to say the least:

• 27th Feb- we went to the letting agency in person to pay a holding deposit on a flat, sight unseen, as we were aware that it was going to be let quickly (really nice, ideal location, furnished etc,). The letting agent accepted our deposit of £350 to "hold" the property, but at that point didn't cancel the arranged open day for the following Saturday "in case" our references didn't check out. We are both financially stable, have rented for years up to this point and have no dependents, so didn't anticipate a problem. The agent joked as he took our deposit that he "would have upped the rent if he had known it was going to be this popular"
• 1st March- we went to view the property to find out another viewing had been arranged immediately after. Again, we confirmed our intention to go ahead with the rental, and again confirmed that we had no reason to believe our references wouldn't check out. We were asked to send over passport details, however the second viewing at the property still went ahead and the open house was still not cancelled.
• 3rd March- the letting agent contacted us to let us know that he had actually been asked by the landlord in December to increase the rent by £50 a month, but had forgotten, and would either have to pay the extra or forfeit the property. We were offered no compromise or compensation from the agency, despite the admission that it was his fault. Having already given notice on each of our separate rentals we were forced to accept, despite suspecting that we were just being taken advantage of, and confirmed this via email.
• 4th March- we personally chased all of our references who confirmed that these had been sent
• 7th March- we received notice from the agent that he had received our reference report and would draw up the tenancy and send it to us by the 9th March
• 14th March- we have chased several times for the tenancy agreement and each time we are told that "the admin team are very busy". Worryingly, the emails are becoming more hostile, and we are told "your tenancy doesn't start until the 1st April, our team are working on agreements for move in this week". We have asked for confirmation that we won't have to wait until the week of the tenancy start date but have been given a vague response of "I'll chase it for you.. you should receive it sometime this week"

My worry is that whilst we don't have a written tenancy agreement, we don't legally have a leg to stand on, and I can't find anything online to suggest otherwise. Is there anyone here that knows whether we can push for this agreement before a certain deadline, or whether we are just at the mercy of a very broken rental system where we just have to hope that this agent (who I do not trust one bit) does not decide to increase the rent again in the next two weeks, knowing full well we won't be able to find alternative accommodation?

Thanks in advance to anyone who can help!

G_M

It is quite common for tenancy agreements to be supplied/signed on the day the tenancy starts. Hence the agent becoming 'hostile' as they don't see the issue.

However I agree with you that it's a risk and not ideal way for the system to work, since you have no certainty that the tenancy will go ahead.

Personally I would go in to the agent's office and (very calmly/politely) request confirmation in writing that the tenancy will go ahead on the agreed terms. If refused, consider asking for your holding deposit back (though we know what they'll say....) and start looking again....

Guest101

LittleWelsh wrote: »

Hi there, apologies if a similar thread has been posted before. I did try the search but didn't find anything.

To summarise a long winded story, my partner and I are moving in together on the 1st April (hopefully), and our experience with the letting agent so far has been infuriating, to say the least:

• 27th Feb- we went to the letting agency in person to pay a holding deposit on a flat, sight unseen, as we were aware that it was going to be let quickly (really nice, ideal location, furnished etc,). The letting agent accepted our deposit of £350 to "hold" the property, but at that point didn't cancel the arranged open day for the following Saturday "in case" our references didn't check out. We are both financially stable, have rented for years up to this point and have no dependents, so didn't anticipate a problem. The agent joked as he took our deposit that he "would have upped the rent if he had known it was going to be this popular" - Great, no issue there at all. The letting agent is simply assessing other offers. Your holding deposit entitles you to anything from applying to restricting other applications. You haven't been clear about this.
• 1st March- we went to view the property to find out another viewing had been arranged immediately after. Again, we confirmed our intention to go ahead with the rental, and again confirmed that we had no reason to believe our references wouldn't check out. We were asked to send over passport details, however the second viewing at the property still went ahead and the open house was still not cancelled. - So?
• 3rd March- the letting agent contacted us to let us know that he had actually been asked by the landlord in December to increase the rent by £50 a month, but had forgotten, and would either have to pay the extra or forfeit the property. - Ok so at this point you could get your deposit back, did you? We were offered no compromise or compensation from the agency - Compensation for what? , despite the admission that it was his fault. Having already given notice on each of our separate rentals we were forced to accept, - No you weren't, you chose to. despite suspecting that we were just being taken advantage of, and confirmed this via email.- Confirmed you thought they were taking advantage of you? Seems a little strange.
• 4th March- we personally chased all of our references who confirmed that these had been sent - Great.
• 7th March- we received notice from the agent that he had received our reference report and would draw up the tenancy and send it to us by the 9th March - Great
• 14th March- we have chased several times for the tenancy agreement and each time we are told that "the admin team are very busy". Worryingly, the emails are becoming more hostile, and we are told "your tenancy doesn't start until the 1st April, our team are working on agreements for move in this week". We have asked for confirmation that we won't have to wait until the week of the tenancy start date but have been given a vague response of "I'll chase it for you.. you should receive it sometime this week" - That's irrelevant. You have a form of contract already. However as a tenancy does not start until you take possession of the property, whether you sign the agreement or not, is largely irrelevant. It's often signed on the day you move.

My worry is that whilst we don't have a written tenancy agreement, we don't legally have a leg to stand on, - You do. and I can't find anything online to suggest otherwise. Is there anyone here that knows whether we can push for this agreement before a certain deadline, - No you cant. or whether we are just at the mercy of a very broken rental system where we just have to hope that this agent (who I do not trust one bit) does not decide to increase the rent again in the next two weeks - The LL can do this, you can ofcourse then get your fees etc back. , knowing full well we won't be able to find alternative accommodation? - you chose to give notice. You were not forced to.

I'm really struggling to remain composed, the stress of feeling so helpless is driving me crazy

Thanks in advance to anyone who can help!

I'm unclear of what the question is?


Preumebly it's: Is this normal?


yes, totally.

HappyMJ

No you don't have a leg to stand on...you don't have a tenancy yet and either party can pull out at any time.

Your tenancy starts on the 1st April you will sign for the tenancy and pick up the keys on that date. You just have to hope that nothing goes wrong between now and then.

Is the property empty? How about starting the tenancy now which will secure the property? If it's not empty yet you're relying on the previous tenants to move out which they may not do and you don't have a tenancy.

LittleWelsh

G_M wrote: »

It is quite common for tenancy agreements to be supplied/signed on the day the tenancy starts. Hence the agent becoming 'hostile' as they don't see the issue.

However I agree with you that it's a risk and not ideal way for the system to work, since you have no certainty that the tenancy will go ahead.

Personally I would go in to the agent's office and (very calmly/politely) request confirmation in writing that the tenancy will go ahead on the agreed terms. If refused, consider asking for your holding deposit back (though we know what they'll say....) and start looking again....

Thanks for the reply. It is frustrating and we have deliberately tried to remain calm and polite when asking for updates, though his replies aren't helpful at all.

We have an email saying that "it's all good to go", but no written confirmation from him that the tenancy will be for the agreed sum, except on our side. Would this stand up?

Guest101 wrote: »

I'm unclear of what the question is?


Preumebly it's: Is this normal?


yes, totally.

Thanks for your response. Yes, in essence I was asking for some reassurance that our situation was normal. I've only ever rented privately up to now (with the exception of student lettings, that I won't go into..) and so I'm surprised that the process is so unhelpful to renters with all rights apparently geared towards landlords/ agents. Of course, no, we weren't forced to give notice on our current properties, but surely it is absurd to suggest that, having passed all reference checks and paid a holding deposit we should both continue with our current rentals "just in case" , and ultimately end up paying three lots of rent for the first month?

With reference to our holding deposit, the agent still hasn't sent us a copy of it, despite promising to forward all information the day we paid it.

HappyMJ wrote: »

No you don't have a leg to stand on...you don't have a tenancy yet and either party can pull out at any time.

Your tenancy starts on the 1st April you will sign for the tenancy and pick up the keys on that date. You just have to hope that nothing goes wrong between now and then.

Is the property empty? How about starting the tenancy now which will secure the property? If it's not empty yet you're relying on the previous tenants to move out which they may not do and you don't have a tenancy.

Unfortunately the previous tenants are due to move out the day before, so no chance of starting the tenancy early. These answers are really disappointing, but I have to say they're exactly as I expected I really hope we don't have to wait until the day we move, I just don't trust the agent not to push for more money again..

Guest101

LittleWelsh wrote: »

Thanks for your response. Yes, in essence I was asking for some reassurance that our situation was normal. - Perfectly normal I've only ever rented privately up to now - You still are renting privately. You are not renting from the agent, but rather a landlord, who happens to use an agent for any number of reasons. (with the exception of student lettings, that I won't go into..) and so I'm surprised that the process is so unhelpful to renters with all rights apparently geared towards landlords/ agents. - They're not geared towards LLs or Agents at all. There are already multiple contracts in play at this point. You have protections under consumer law. Of course, no, we weren't forced to give notice on our current properties, but surely it is absurd to suggest that, having passed all reference checks and paid a holding deposit we should both continue with our current rentals "just in case" , and ultimately end up paying three lots of rent for the first month? - Well yes paying 3 lots of rent would be absurd, as one of you could have moved in with the other should the worst happen.

With reference to our holding deposit, the agent still hasn't sent us a copy of it, despite promising to forward all information the day we paid it. - A copy of what?

Reply above in red

[Deleted User]

It is insane, in a fast moving area that tenants can feel they have little option but pay money (knowing a LA will often say the holding deposit is non refundable, even if something goes wrong). Unfortunately rushing round to put the holding deposit down did imply the demand would be high, and probably would be as high if the rent went up. But it meant you are probably at the head of the queue too.

Of course, we get LL's on here saying tenancy law is totally skewed to protect tenants, not LL's. And then when a court case happens, you have another element, the judge's interpretation.

I think there is some room for interpretation in Tenancy law, and ways for both parties to manipulate situations. The only defence is to make yourself informed as to what can and can't happen legally. And what is worth pursuing and what is not.

I don't envy you but I don't think you have any choice but to wait it out. As already has been said, it is perfectly normal to sign the TA on the day of moving in. Just not relaxing to know they already have some of your money.

Guest101

deannatrois wrote: »

It is insane, in a fast moving area that tenants can feel they have little option but pay money (knowing a LA will often say the holding deposit is non refundable, even if something goes wrong). - A non refundable deposit, is a fee, not a deposit. Unfortunately rushing round to put the holding deposit down did imply the demand would be high, and probably would be as high if the rent went up. But it meant you are probably at the head of the queue too.

Of course, we get LL's on here saying tenancy law is totally skewed to protect tenants, not LL's. And then when a court case happens, you have another element, the judge's interpretation. - Often it's case law which guides courts and judges. Centuries of case law..

I think there is some room for interpretation in Tenancy law, and ways for both parties to manipulate situations. The only defence is to make yourself informed as to what can and can't happen legally. And what is worth pursuing and what is not.

Normally don't disagree with you, but think this is a bit off.


Supply and demand is the name of the game, whether it's housing, food, or black Friday sales.

LittleWelsh

Guest101 wrote: »

Reply above in red

Unfortunately we're both currently in shared houses with no room for double occupancy in either. I was referring to the document we signed when we paid the holding fee, which I'm sure we're entitled to a copy of at the very least.

LittleWelsh

deannatrois wrote: »

It is insane, in a fast moving area that tenants can feel they have little option but pay money (knowing a LA will often say the holding deposit is non refundable, even if something goes wrong). Unfortunately rushing round to put the holding deposit down did imply the demand would be high, and probably would be as high if the rent went up. But it meant you are probably at the head of the queue too.

Of course, we get LL's on here saying tenancy law is totally skewed to protect tenants, not LL's. And then when a court case happens, you have another element, the judge's interpretation.

I think there is some room for interpretation in Tenancy law, and ways for both parties to manipulate situations. The only defence is to make yourself informed as to what can and can't happen legally. And what is worth pursuing and what is not.

I don't envy you but I don't think you have any choice but to wait it out. As already has been said, it is perfectly normal to sign the TA on the day of moving in. Just not relaxing to know they already have some of your money.

Thanks for this Deannatrois. I agree that it is a case of the demand outweighing the supply which caused a bit of a frenzy. Holding out would have made us look less keen, but I am certain another prospective tenant would have jumped in on the Monday if we hadn't.

I think you, and everyone above is right, and we'll just need to wait it out however unnerving it might be.

Guest101

LittleWelsh wrote: »

Unfortunately we're both currently in shared houses with no room for double occupancy in either. I was referring to the document we signed when we paid the holding fee, which I'm sure we're entitled to a copy of at the very least.

Depends what the document was? Presumebly it's terms and conditions (did you not read it?)