Right to a copy of a tenancy agreement before signing.

Michael_Walker

My son is hoping to rent a flat near to where he works. He's identified a suitable place and got in touch with the letting agents. They offered to let their own solicitor advise him on the legal side of things (for a fee), but he said - on my advice - that he'd rather have a copy of the tenancy agreement sent over and get someone independent to have a look at it.

They have refused this and said he can only see the agreement if he comes in person to their offices and they will not give him a copy (unsigned) to take away for a more leisurely examination. He doesn't want to lose out on this flat, but I am very wary of letting him sign anything without 'due diligence'.

So - my question is: Is he entitled to ask for a copy of the agreement to mull over at his leisure before signing it? As things stands, it looks as if they want him to sign first and then give him a copy afterwards. I should add that this is, as far as I can tell, a reputable agency.

PS Sorry if this has already been asked/answered - I did search, honest!

DoaM

Is he entitled to ask? Of course he is.

Is he entitled to receive it pre-contract? The agents are letting him see it, just not letting him take away an unsigned copy - AFAIK they're allowed to do that.

davidmcn

What reason have they given to justify their practice?

I doubt he has a right to it as such, though he has the right not to rent from them. Or I suppose he could bring his adviser along with him to the agents to go through the agreement.

G_M

well done for not going with the agent's solicitor!

Which ombudsman scheme does the agent belong to?

eg TPOS code of practice: see section 13


As a last resort, go in to the office, get the TA and take it into a corner to read. Use your phone to copy all or any parts you are unsure of. Then say you'll think about it and return tomorrow. That gives you some time to run it by us here or your chosen solicitor.

pinkteapot

I'm a bit confused as to why they've offered him a solicitor... It's not usual to employ a solicitor when renting (unless it's a commercial property tenancy).

Michael_Walker

Thanks all. I haven't spoken to them myself, but as I understand it, they more or less said that this is the way they do things and they're not prepared to deviate from their standard procedure. Does the 'cooling-off' procedure operate in these cases?

As to the 'solicitor': I believe the term they used was 'their legal department', so some elasticity there.

G_M

Has he paid a holding deposit?

Michael_Walker

No - he hasn't paid anything as yet.

pinkteapot

Still confused - he shouldn't need legal advice when taking a rental. Tenants don't normally use solicitors (or any sort of legal advisors). What advice were they saying their person could provide him?

G_M

then I'm not sure what you mean by 'cooling off'period. Neither side has made a commitment yet so there's nothing to cool off.


The risk here is that by being seen to be 'awkward', the LL/agent may simply decide not to offer the property. A complaint tothe ombudsman might lead the agent to get their hand slapped, but probably won't help secure the property.


And would he want to live somewhere where before the tenancy has even staryed he has alienated the agent by a formal complaint.........??

Michael_Walker

Thanks G_M. I appreciate what you're saying but as I see it, he is being asked to sign a document that he (in all probability) won't understand fully and an opportunity to go through it in detail with the assistance of someone who knows what they're looking at is being denied.

In answer to Pink Teapot: Short answer is: I don't know. I've personally never rented a property, so it didn't occur to me to ask, I'm afraid.