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Precontractual "tenant offer letter" : what and why? I'm not signing it

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  • System
    System Posts: 178,342 Community Admin
    10,000 Posts Photogenic Name Dropper
    In 99% of the cases, the landlord doesn't prepare a contract from scratch, but starts from a template provided by the agent, and maybe makes a few modifications. It's almost a one off, because the contract will not need to be radically altered for another tenant - maybe a few changes here and there, but not radically altered.

    Also, like I said, I had already made my key terms explicit in writing before paying the holding deposit.

    Contracts are meant to be negotiated. If a landlord feels his contract is set in stone and he is not open to negotiating not even the smallest clause, he can keep his beautiful property to himself because I hear alarm bells ringing and the odds it's an unreasonable landlord are too high.

    @the_r_sole, do you ever negotiate business contracts for work? I'd guess not. If you did, you'd appreciate that the concept of a binding pre-contract, without having agreed all the terms, is total madness.

    I've negotiated many an option agreement on bits of land but that's neither here nor there, this excercise is the negotiation, you set out any conditions you want to include in the contract and so does the landlord, then you have an agreement in principle, there's no point in a landlord offering a contract with a 12 month term if you want 6, so they are immediately having to change something, they are using an agent to make sure they aren't spending any extra time/money on backwards and forwards with potential tenants.
    It's up to you, these are fairly common with agents, if you don't like it, use a different agent and ask them before going to look at anywhere if they go through this process.
    As you say, most tenancy agreements are based on standard clauses aside from rent, contract duration etc, so what is it you're concerned about?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • kinger101
    kinger101 Posts: 6,572 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    the_r_sole wrote: »
    Yeah it's always a bad idea to have a written record of what terms you want in a contract, especially when dealing through a third party...:money:

    You're being obtuse. The letting agent clearly knows what the term will already be, and should present tenant with draft contract. Signing a "precontract" isn't standard practice.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • diggingdude
    diggingdude Posts: 2,492 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    Thinking of a thread the other day about landlords vetting tenants. Now we have cases where tenants are expected to sign agreements without being provided all the information. This is a very shady business practice and can't imagine losing the holding deposit if tenant wasn't happy with contract would ever stand up in court. Then again i'm tired today and may b expecting better of the world
    An answer isn't spam just because you don't like it......
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    In 99% of the cases, the landlord doesn't prepare a contract from scratch, but starts from a template provided by the agent, and maybe makes a few modifications.
    Yes, so ask to see the standard contract before you sign their letter. It won't be filled in specific to tour tenancy but if the specifics are in the letter and you are happy with the standard contract then you can sign the letter saying you accept the terms in the letter and standard contract as seen. If they want to add anything to it then that would be up for negotiation and you could refuse.

    Heck I've even asked and been shown several letting agent's contracts before even viewing just to see if I like the look of their terms.

    They should be a member of a redress scheme, perhaps that has something to say about seeing the terms and conditions up front?
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