Agency pressurising daughter to hand over a months rent with no tenancy agreement

Blush2783

Hi, I'm going to phone the property ombudsman tomorrow morning as I want some advice from them however I know there are many knowledgeable people on here so wondered if you'd give me your thoughts.

My daughter started uni in September. She and her flat mates in her halls uni accommodation have so far got on very well. It seems that landlords are already advertising properties for students to rent for next academic year and people are already putting deposits etc down to secure them. They have all decided the 8 of them want to live together next year so have already been house hunting. Id rather they waited a bit however as she wants to live with them and they want to secure somewhere now we've gone along with it.

Last week they found a property they liked after looking at quite a few and put a small amount of money down so it was taken off the market while things could get sorted out. Yesterday she sent us a rent guarantee and indemnity form which as parents we have to sign to say if they don't pay the rent etc we will. Apparently we needed to sign it and get it back immediately as they wanted £500 in cash from each of them today or they'd lose the house. After looking through the document I realised that there was no contract or tenancy agreement with it saying the amount paid/who is responsible for what/ it was fully furnished etc etc. They had been told that they will get this once they had paid the first months rent today to hold the property until July when they would have a years rental contract.

I then sent the agency an email explaining I was a parent and wanted to see the tenancy document as if they are expecting us to sign the rent guarantee we currently don't know what we are agreeing to. I also asked various questions (is it registered as an HMO, gas safety cert, EPC) all of which Id seen in guidance that they should provide.

Ive had my daughter in tears on the phone on and off for most of the day now as apparently the others have been in and handed over the forms and cash today and were told by the agency when they went in that they are too busy at the agency to respond to my email and if my daughter doesn't pay they will lose the house. Apparently the other parents were happy to see just a blank copy of the tenancy agreement???? They were also told that they don't have some of the information as the landlords father has died so wouldn't be able to get it for several weeks. I was livid so I rang the agency and said I'm sure the students mush have got the wrong end of the stick given a reputable agency would not behave in that way and I expected to see at least the tenancy agreement so I know what we are agreeing to. The person who i spoke to then said he'd try to get hold of the manager to call me today but he was going away out of the country. Needless to say I havent heard anything.

This is apparently a reputable agency with a full website and contact details on the internet and offices in Reading.

I do feel horrible for my daughter as her flat mates are all now ignoring her and have even planned to go out tongiht and not invited her but as far as I'm concerned they are being completely unreasonable and Id prefer her to find another group to rent with if they are behaving in this way. The'yve all just said that their parents didn't mind so I shouldn't.

Im now doubting myself as I know Ive caused upset but I do believe the agency should have sorted this and had the information to give me. Your thoughts would be appreciated.

marcarm

FWIW, I don't know the legalities of it but I think you have done the right thing.

It wouldn't surprise me to see 7 identical threads on here next year saying we've paid a deposit but now we've sen the agreements we want a refund.

So what if their parents didn't mind? £500 is a lot of money to pay just because others have done as well.

Rosemary7391

I think you've done the right thing too, and I really wish universities would advise against this very strongly, in order to stamp it out. They only continue because folks just hand over money without asking such sensible questions. Has your daughter looked at the accommodation advice from the university? They might have list of reputable housing providers, and/or advice there might carry some weight with her "friends" (she may well be better off not living with them if things are as you say).

Person_one

You're being sensible, but if you see it through then your daughter may well end up feeling so isolated that her Uni experience is ruined for this year at least.

Student landlords are shocking, many are total crooks, but there isn't a lot of choice as the students are not working, cannot claim any benefits and have no references etc. If I were you I'd just sign it, and trust that a court would be unlikely to hold you to any unfair clauses or terms and that deposits are now protected. You could maybe add a line to the form you sign stating that you will guarantee up to 1/8 of the total rent due.

Your daughter's friends are young, 18 or 19 presumably and they won't understand the situation and your reasons, just that you and your daughter are ruining everything! Don't judge them too hardly and don't be so quick to dismiss the bond your daughter has with them and the importance of strong social links when living away from home for the first time.

marksoton

Blush2783 wrote: »

I do feel horrible for my daughter as her flat mates are all now ignoring her and have even planned to go out tongiht and not invited her but as far as I'm concerned they are being completely unreasonable and Id prefer her to find another group to rent with if they are behaving in this way. The'yve all just said that their parents didn't mind so I shouldn't.

And she wants to live with these petty little 5h15ters who'll turn that quickly?

If their parents are prepared to sign over £500 not knowing what for more fool them.

They're probably the ones writing to the daily mail complaining they've been ripped off for something but they didn't read the contract...

Blush2783

Thank you all so much. Its really upsetting but I feel I need to stand up to the agency as like you say they are actually being extremely unprofessional. They are acting like this as 18 year olds believe every word they say so they get away with it. All I'm really wanting is the tenancy agreement as its not just the £500 we are signing for, its also the 12 months rent and apparently now one of the students is saying the agents also expect a £750 deposit per student in June on top of the £500 each. Its not the money as we are fortunate enough to be able to pay it but its the principle of them pressurising the students to pay (in cash) with no agreement.

Apparently the rest of the flat has now gone out for the evening without inviting her and are giving her the silent treatment. I am cross but I do understand they are young and am hoping it will blow over as I do want the best for our daughter.

Am hoping to see where I stand more clearly when I call the property ombudsman tomrrow

Davesnave

It is very difficult not to become guarantor for the whole group, rather than just your daughter, as many agreements make each signatory jointly and severally liable for any debt.

You may try to add a rider to the contract, but it's possible that it will then not be accepted. After all, if other parents are prepared to sign without knowing the details.....

Just thought I'd warn you, especially as there are 8 individuals involved, which raises the odds of someone defaulting. That's a hell of a large group, and given their behaviour, I don't think this will end well. However, uni is a learning experience, at many levels.

marksoton

Davesnave wrote: »

Just thought I'd warn you, especially as there are 8 individuals involved, which raises the odds of someone defaulting. That's a hell of a large group, and given their behaviour, I don't think this will end well. However, uni is a learning experience, at many levels.

Given the students immature, entitled attitude i wouldn't touch it one bit.

No chance.

davidmcn

Blush2783 wrote: »

The person who i spoke to then said he'd try to get hold of the manager to call me today but he was going away out of the country.

With a briefcase full of tenners?

Pixie5740

Did you know that for a rent guarantee to hold any water in court the guarantor has to see a copy of the tenancy agreement before signing the deed of guarantee?

So you could've just signed it like the other parents seem to have and you would be no more liable for your daughter's than I would.

G_M

As Pixie says, the guarantee agreement you sign now will have no legal force unless

* your signature is witnessed as a Deed
* you have a copy of the full tenancy agreement in advance of signing it

No court would enforce a GA which was signed without the guarantor having full knowledge of what they were guaranteeing.

So your position is safe.

I assume that the tenants themselves have full written details, if not a tenancy agreement? There is no ambiguity about the rent? whether it includes/excludes utilities, broadband etc etc? And ideally an inventory or other indication of what furnishing etc is included? If so, they too are (relatively) safe.

I also assume you've checked the agency is signed up to one of the 3 schemes:

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

Additionally, check for membership of:

· Association of Residential Letting Agents
· National Approved Letting Scheme
· Association Professional Inventory Providers
-Safe Agent - Fully Endorsed

These are voluntary but are an indication of professionalism, and provide some limited additional protection.

I'm going to phone the property ombudsman tomorrow morning as I want some advice

Even assuming you phone the correct scheme, I seriously doubt you'll get advice - they are not an advisory service.

However they will take up complaints if one of their members breaches their Code of Conduct.