We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
TDS - letter from tenant
Comments
-
Fair enough if you all feel that way. But a lot of the time you all say (and GM says it a lot!), don't contact the estate agents, contact the landlord. The estate agent isn't the landlord. - Indeed but for very different reasons. Agents are often incompetent (like this example)
The law state specifically the deposit is to be deposited after the landlord has received it. Not after the representatives of the landlord / landlord. - Rent is typically paid to the agent and then paid to the LL, the tenant isn't late paying rent because of this system. The implication is "you chose the agent, you deal with the fall out"
I am not defending the landlord here in anyway, the deposit should have gone to him and put away after 30 days, but the fact is, the landlord did deposit it within 30 days after they received it. That is what the law states to do. - Only if you ignore agency law.
Pixie you even said it here! The law doesn't say anything about representatives of the landlord. Only the landlord themselves.
It's not a loophole, a LL cannot delegate legal responsibility and be party to the contract.0 -
-
The tenancy agreement I've been sent to sign today, on page one, specifically confirms to the tenant that all notices and correspondence should be addressed to the letting agent (complete with a correspondence address etc). If the tenants wrote to me directly with formal communications they are not complying with the tenancy agreement that they signed. Every AST is drafted slightly differently of course and may vary, but I don't buy into this generic idea that gets banded around on here where tenants should bypass the letting agent and go directly to the LL.0
-
The advice is to protect you as much as the tenant, clearly you don't see the wood for the trees though.The tenancy agreement I've been sent to sign today, on page one, specifically confirms to the tenant that all notices and correspondence should be addressed to the letting agent (complete with a correspondence address etc). - You must provide an address for the purposes of serving notice which is in England or Wales. You can choose any you like and the tenant will send it there, BUT it will be addressed to you and if your agents let you down, YOU will be penalised. If the tenants wrote to me directly with formal communications they are not complying with the tenancy agreement that they signed. - That is irrelevant, there is no consequence to this. Every AST is drafted slightly differently of course and may vary, but I don't buy into this generic idea that gets banded around on here where tenants should bypass the letting agent and go directly to the LL.
Funny the OP probably thought similarly and now it's costing him or her a fair wedge of cash.....
You can lead a horse to water0 -
The tenancy agreement I've been sent to sign today, on page one, specifically confirms to the tenant that all notices and correspondence should be addressed to the letting agent (complete with a correspondence address etc). If the tenants wrote to me directly with formal communications they are not complying with the tenancy agreement that they signed. Every AST is drafted slightly differently of course and may vary, but I don't buy into this generic idea that gets banded around on here where tenants should bypass the letting agent and go directly to the LL.
What is generic about the idea that the tenant contact the person with whom they actually have a contract. The advice to bypass the letting agent is usually when the letting agent is doing something shady such as trying to strong arm a tenant into paying fees to sign a new fixed term agreement when a periodic tenancy would suffice. The letting agent's goals are not always in line with the goals of the person(s) they are representing.0 -
The advice is to protect you as much as the tenant, clearly you don't see the wood for the trees though.
Funny the OP probably thought similarly and now it's costing him or her a fair wedge of cash.....
You can lead a horse to water
I think you've misunderstood my point - I'm actually agreeing with you.
This whole landlord / Letting agent debate started from a suggestion that the tenant should have ignored the letting agent and paid the money directly to the landlord.
The ultimate legal responsibility lies with the landlord and there is no legal agreement between the tenant and letting agent. However, there is a provision within the tenancy agreement for dealing with notices, correspondence etc.
The original suggestion that the tenant "is at fault" is not correct.
But thank you for condescending response. The wood is brown btw.0 -
What is generic about the idea that the tenant contact the person with whom they actually have a contract. The advice to bypass the letting agent is usually when the letting agent is doing something shady such as trying to strong arm a tenant into paying fees to sign a new fixed term agreement when a periodic tenancy would suffice. The letting agent's goals are not always in line with the goals of the person(s) they are representing.
Seemingly you've also missed my point. The post that started this debate suggested that the tenant bypassed the letting agent and paid the deposit directly to the tenant. My post was intended to demonstrate that this was a silly suggestion.
I agree, if the letting agent isn't acting correctly then the tenants should bypass them and get in touch with the landlord. As a landlord I would encourage my tenants to do this, and in fact have done in the past.0 -
It certainly didn't come across that way to be honestI think you've misunderstood my point - I'm actually agreeing with you.
This whole landlord / Letting agent debate started from a suggestion that the tenant should have ignored the letting agent and paid the money directly to the landlord.
The ultimate legal responsibility lies with the landlord and there is no legal agreement between the tenant and letting agent. However, there is a provision within the tenancy agreement for dealing with notices, correspondence etc.
The original suggestion that the tenant "is at fault" is not correct.
But thank you for condescending response. The wood is brown btw.
0 -
It certainly didn't come across that way to be honest
Perhaps my bad then!
Wasn't suggesting for one second that the LL is not ultimately responsible, just that the tenants can't ignore the letting agent (who are acting on behalf of the LL) at a whim.
I probably should have quoted the original post that I was referring to, but the discussion had moved on so much, it seemed pointless!0 -
I just want to know if it was the tenant who posted a few weeks ago.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.2K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247.1K Work, Benefits & Business
- 603.8K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards