TENANCY issues

diz79

Miss_Samantha wrote: »

It's obvious that they "won't remember the conversation", isn't it?

If you have nothing in writing you're stuck.

I clearly have more faith in people then you do thenaks or pointing out the obvious but I also did recieve a text message which is in writing which I did also post.

diz79

Pixie5740 wrote: »

Why surely? Did you sign a new tenancy agreement when you moved in or was there a deed of assignment?

This was first email I recieved when moving in with more to follow....thank in advance






We have received a request for .................to vacate the above property and be replaced.



Provided the landlord is in principal in agreement to these changes, this will be under the following conditions:



1. Fully completed Application to rent form

2. Last 3 months bank statements – To be provided with Application to rent form

(These must have your name and address printed on them)

3. Copy of last payslip and your passport ID page

(if not UK or EU citizen your VISA)

4. Credit Check – To be carried out by Thamesview Estate Agents Ltd

5. Present Landlord reference and Employment reference – To be requested by Thamesview Estate Agents Ltd

6. Payment of the administration charge of £150 inclusive of VAT for referencing and preparing the new tenancy agreement – to be paid when submitting the Application to Rent form

7. Should the incoming tenant require a guarantor an additional administration charge of £150 inclusive of VAT will be payable by the guarantor/incoming tenant to process the application.

8. The incoming tenant and the outgoing tenant will await Thamesview Estate Agents Ltd instructions in relation to the payment of the deposit.

9. The incoming tenant will accept the property as per the original inventory and check in report.



Please be aware that should the proposed new Tenant be a student or currently unemployed a UK based Guarantor will be required.



As there is no facility for you to end your tenancy individually, I should remind you that in all cases you will all still be responsible for the rent and property until all of the above conditions have been met, a new agreement has been signed and the new tenants actually move in.



Yours sincerely

Liane

I filled out the application to rent and then recieved this email..

Good Morning ............


Thank you for your email and sending your application form over. I have included the terms on the changeover below of this email so you are aware of the administrations fees included and what other paperwork is required.



Provided the landlord is in principal in agreement to these changes, this will be under the following conditions:

1. Fully completed Application to rent form

2. Last 3 months bank statements – To be provided with Application to rent form

(These must have your name and address printed on them)

3. Copy of last payslip and your passport ID page

(if not UK or EU citizen your VISA)

4. Credit Check – To be carried out by Thamesview Estate Agents Ltd

5. Present Landlord reference and Employment reference – To be requested by Thamesview Estate Agents Ltd – are you able to explain more regarding yourself/employment please, on you application form you have put that you have recently gained an accountant, is your company new?

6. Payment of the administration charge of £150 inclusive of VAT for referencing and preparing the new tenancy agreement – to be paid when submitting the Application to Rent form

7. Should the incoming tenant require a guarantor an additional administration charge of £150 inclusive of VAT will be payable by the guarantor/incoming tenant to process the application.

8. The incoming tenant and the outgoing tenant will await Thamesview Estate Agents Ltd instructions in relation to the payment of the deposit.

9. The incoming tenant will accept the property as per the original inventory and check in report.



Please be aware that should the proposed new Tenant be a student or currently unemployed a UK based Guarantor will be required.



As there is no facility for you to end your tenancy individually, I should remind you that in all cases you will all still be responsible for the rent and property until all of the above conditions have been met, a new agreement has been signed and the new tenants actually move in.



Kindest Regards

Liane

Final change over...

Hello All



I wanted to email you all so you all have same information and so we can get this sorted asap as I believe you changeover date will be tomorrow J so I have broken everything down that needs to be resolved



DEPOSIT: ............ deposit contribution of £848.08p towards the security deposit needs to be paid by me to old tennant Directly ( you can confirm bank details and payment between yourselves and once I have received confirmation that has been paid I can remove Nathans name form the Tenancy and put Darren’s name in his place.



RENT – the whole rental amount of £1225.00 and this needs to be paid immediately as this should have been paid on the 21st!! - I believe you have split then rent within your room size and assuming the changeover is a reason for rent not being paid however it is important that the Landlord doesn’t suffer for your request and ruin your tenant/ Landlord relationship. also I have worked out on the basis that as ...... room is £600pcm – using the rooms daily rent calculation for this room the four days he isn’t at the property is equal to £78.92p so ......... and .......... will need to work out how/who this is being covered by and paid over as soon as possible please. if you can let me know when payments are made, or if there are any delays please, please let us know. We also have an arrears team who will contact you ( if they haven’t already) and will request the rent payments and I want to make sure that we get this resolved and we can explain to the Landlord the reason for this.



To transfer the funds please send to the following account:

Barclays Corporate, Apex Plaza, Forbury Road, Reading, Berkshire RG1 1AX






KEYS – I assume that ...... will be leaving his keys with ........and ....... you will be arranging with .............. to give him his Keys? – if not can you arrange that Darren can obtain te keys tomorrow



ASSIGNMENT OF TENANCY PAPERWORK: - I have drawn up the paperwork to be signed by you all and will be sending this out shortly by email ( through a program called docusign) it’s very easy, you scroll through and read the document and in the yellow highlighted boxe/s you click on these and it will produce a electronic signature for you and click finish( in a blue banner). You all need to sign this please.



me – there is a changeover fee that needs to be paid please if you require the bank details please let me know.



If you have any other queries or questions or even information that you want to forward to me please do not hesitate to contact me.



Many Thanks

Liane

G_M

diz79 wrote: »

Ill try to naswer all of you
When I moved in I just gave the money for the deposit to the person that moved out.

If you cannot resolve the matter amicably, and it goes to arbitration/law, this is the critical matter.

* you did not give the landlord or his agent a deposit, so the LL does not have to return a deposit to you

* you gave 'some money' to the outgoing person. This was not a deposit since that person was not a landlord. Therefore it was either a gift, or a loan. If a loan, you could reclaim it from his Estate if you chose.

* you do not appear to have a tenancy agreement. Unless I missed it, you neither:

- signed a tenancy agreement with the LL (or his agent), nor
- had the original tenancy assigned to you.

Your legal position is therefore weak. You should attempt to reach an amicable agreement if at all possible if you wish to see any money returned.

saajan_12

diz79 wrote: »

ASSIGNMENT OF TENANCY PAPERWORK: - I have drawn up the paperwork to be signed by you all and will be sending this out shortly by email ( through a program called docusign) it’s very easy, you scroll through and read the document and in the yellow highlighted boxe/s you click on these and it will produce a electronic signature for you and click finish( in a blue banner). You all need to sign this please.

I believe a tenancy assignment must be done through a deed - it must say 'deed' at the top, all parties (including all existing tenants, new tenants and Landlord) must sign and signatures must be witnessed.

OP, could you get such a document in place asap? Then only can you 'step into the shoes' of the outgoing tenant. Note that includes
- responsible for any rent (& back rent)
- responsible for any damages based on the original inventory/check in report
- receive any deposit back from the LL.
Any payments you made to the outgoing tenant are between you.

Alternatively, if there has been no formal termination/assignment of the tenancy, then the 'outgoing' tenant is still the tenant and OP is a subtenant of his?

Gigervamp

For heaven's sake, remove the names, addresses and bank account details in your posts!

diz79

Gigervamp wrote: »

For heaven's sake, remove the names, addresses and bank account details in your posts!

Thanks was doing quicky through lunch

diz79

right I found an email which shows it was done through docusign for the hand over of tennancy.

It said the following then I had to download some documents and sign......

With reference to the above property, please find attached an addendum to the tenancy agreement for your attention.
This addendum is not binding until we receive the signed addendum from all parties.
Receiving and signing documents electronically is accepted practice and is legally binding, in exactly the same way as signing a paper document.
Completing the document should be straightforward but if you require any help, or if you’d prefer to receive this by other means, please feel free to give me call.
To get started, click the “Review Documents” link below. Then tick “Agree to do business Electronically with Thamesview”.
After this, simply follow where prompted. You’ll receive a copy for your records as soon as the document is complete and signed by all parties.
Tenants should ensure that standing order mandates are amended accordingly.
The annual renewal of the gas safety certificate is a legal requirement. Please ensure that you are in receipt of a valid certificate at all times. Should you require assistance in organising this please do not hesitate to contact us.
Where the property is managed by us the renewal of the gas safety certificate will be arranged by the property manager.
Should you require further assistance please do not hesitate to contact this office, and we look forward to hearing from you in due course.
If for any reason you are unable to open the attached file, please click on the link below for assistance.
http://www.supportguide.co.uk

diz79

I had to do a screenshot in my phone...











Hope this will help Thanks

G_M

Well it's not a bad assignment document, and assuming everyone involved (ALL tenants, both new, departing, and remaining, AND landlord) returned signed docs (written or electronic, then a court might well accept it.

Not guaranteed, since strictly speaking (legally that is) it should be 'Executed as a Deed', which it plainly wasn't - so a court could & might disregard it.

diz79

Ok so with the docusign giving me a stronger case could you please answer the following just to clarify everything.

Are me and the other tennant liable for the following costs...

£300 cleaning the flat and carpets (it was actaully just three large mats) the floor is vinyl mostly -Large carpets were left in the cupboard mostly

£700 repainting the flat

£200 for a matress which I had a two protectors on the whole time.

£90 locksmith -My emails with estate agents keep quoting this but not the £250 below the landlord is saying.

£250 change door and locks

Also

The itinery I was sent before vacating the property was dated 2013 I moved in as we know in 2015. On the checkout report 2017 last week it even says about updating the itinery for future reference (Can I upload these for you to check at all?)

Im pretty sure the landlord was in the flat prior to the checkout being taken place could this affect the whole thing?

And finally the whole issue with the estate agents regarding the keys

Regarding the lock issue, I rang the estate agent on the Fridaybefore check out they told me to leave the keys in the flat as i rang to say i wouldnt be there, I then got a text on the Sunday and told them again about leaving the keys, -is this not evidence enough who is in the wrong?

Sorry its a lot all help is really appreciated

Many thanks