Right to a copy of a tenancy agreement before signing.

G_M

Michael_Walker wrote: »

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.

.

Well he has severaloptions.


1) take a friend, relative, professional to their office, and take time to read and understand the contract
2) check the code of practice for the relevant ombudsman and refer the agent to that in hope that they then let him take a opy away (or send him a copy)
3) if 2 above fails, complain to the ombudsman
4) find another property with another agent
5) ignore the fine detail of the contract and just check the obvious: rent amount, frequency of payments, start/end date. In most cases, where a TA has onerous unpleasant clauses, they tend to be unenforceable - though I admit this is not always the case.


Often it's the inventory that's more important. Whatever happens, do not sign an inventory in the office before checking the property. Make sure the inventory is accurate, in particular if anything in the property is missing, or damaged, or dirty, mark that on the inventory before signing and keep a copy.

wesleyad

Michael_Walker wrote: »

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.

The thing is an AST (assuming this is just a standard personal rent, not an HMO or anything) isn't anything complicated or filled with "legal mumbo jumbo". Any layman can take the time and go through it carefully and will understand what it means. I've gone through the one I use with tenants and they never have to question any terms. That's the reason why tenants don't need any legal representation to sign ASTs.

Also for for that reason I'd also suggest that if they did try to hide nefarious things in it, they would certainly be unenforceable.

Michael_Walker

Thanks to all. In view of the general consensus, I think I will just tell him to use his common sense, scrutinise the inventory and ask for clarification on any matters that aren't completely clear to him. He (and I) are both academics, so not terribly worldly-wise!

need_an_answer

The chances are that he wont get an inventory until he actually moves in which will be after he's signed the tenancy agreement.

sal_III

Who was going to review the TA if you were able to get a copy out of their offices? Maybe "If the mountain will not come to Muhammad, then Muhammad must go to the mountain" - get said person to accompany your son to the LA office and review it in person.

Alternatively your son can take some notes/pictures of specific questionable exerts to discuss, before singing the AST.

Chances are this "suspicious" behaviour is just a red herring, an odd way of handling their process. Rather than nefarious plot to fleece naive customers. With a heavily regulated area as AST there isn't really much "bad stuff" that can be put in the contract.

Michael_Walker

Thanks for the reassurance. The place my son works at has an estates management office and I think he was planning to show it to someone he knows there that specialises in student accommodation and lettings etc (it's a university).

G_M

Michael_Walker wrote: »

...... I will just tell him to use his common sense, scrutinise the inventory and ask for clarification on any matters that aren't completely clear to him. He (and I) are both academics, so not terribly worldly-wise!

If he were a poorly educated manual worker who left school at 16 with no qualifications and who had no experience of reading anything more demanding than the Sun, I'd understand he might need some help, but if an academic is unable to understand the wording of an AST, it says a lot about the sad state of our higher education these days.......

davidmcn

If the agent's going to be managing the property, it is perhaps a warning sign if they're not prepared to do something as straightforward as sending a copy of their pro forma tenancy agreement in advance. We've had plenty of threads here where it does matter what's in the document (even if unenforceable, it's obviously better for it not to be there in the first place rather than have to argue about it).

Michael_Walker

Ummm...thanks.

pinkteapot

He really is worrying unduly. Tenancy agreements are completely formulaic - there's plenty of free sample agreements online he could take a look at beforehand if he really wanted to familiarise himself with one. As others have said, they're not complicated documents so he should be absolutely fine reading it through at the agency.

Key things to ask are:
How long is the initial term? (usually 6 or 12 months - if 12 he might want to try and negotiate a 6 month break clause which gives him an option to leave after 6 months)
How much do they want for the deposit?