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[Deleted User]

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AskAsk

you don't need a paper contract for it to be legal these days, digital documents are accepted. it may be that the letting agent did everything electronically.  when i sold my house, i signed their agreements online through their digital systems, i never signed anything in paper form.

if you have assigned a new letting agent, surely he should have issued a new contract to the tenant?

Mr.Generous

Same for me, last few AST's were done online tenant didn't visit agents office to sign up. If you wanted a print out enquire with a solicitor if they could produce a certified copy from the digital document. The tenant might allow you to copy their contract to keep good relations with new landlord.

propertyrental

AskAsk said:

you don't need a paper contract for it to be legal these days, digital documents are accepted. it may be that the letting agent did everything electronically.  when i sold my house, i signed their agreements online through their digital systems, i never signed anything in paper form.

if you have assigned a new letting agent, surely he should have issued a new contract to the tenant?

Why?

And LL/agent cannot just 'issue' a new contract they can only ask the tenant if he (or they) are willing to sign a new contract. The T can decline as they already have a perfectly valid one.

I'm surprised when doing your due diligence to take on an existing T you did not obtain all the relevant paperwork (references, payment history, guarantee deed, deposit details, dates EPC, gas cert, Right To Rent etc were issued to the T)

ps - is this really a 'sitting tenant'? If so all the more reason for the T to refuse to sign a new contract. Or is this an existing AST tenant?

theartfullodger

(Assuming England) .... Have you served valid s48 & s3 notice(s)?  If not no rent due (s48) and possible fines etc (s3).

When did they 1st move in?  If early enough won't be AST (regardless of paperwork). 

You don't need a new tenancy agreement.  Tenant also doesn't have to agree to or sign any new tenancy (ever...)

I doubt very much guarantee will transfer to you as new owner/landlord. What makes you think it will?

If you really want new agreement without issues (eg dodgy paperwork meaning any s21 would be invalid) then offer new 6 month tenancy at LOWER rent then increase rent after a year.

LukeForrest

I brought a property with tenants in situe, provide them with a Section 48 and Section 3 notice (You can get templates online for this), I saw them in person and provided them the notice and got them to sign their copy and mine, informed them that everything will stay the same etc and where to pay rent.

theartfullodger

[Deleted User] said:

Thanks all.
I meant tenant in situ not sitting tenant.
The original tenancy is on paper - they have given me a word doc for the main part and a photograph of the signature page - my new letting agent says if ever I want to evict (I have no plans to) and it goes to court then they might insist on seeing the original - the tenant has lost their copy.
I don't want to set a new tenancy - there is a guarantor who may not agree to sign again, so do not want to take the chance.
They also have not provided right to rent checks although they confirmed they have been done.

They don't have to assist you over right-to-rent:  You didn;t get that from vendor??

I humbly repeat,,, ""  Have you served valid s48 & s3 notice(s)?  If not no rent due (s48) and possible fines etc (s3).  """

theartfullodger

If you have no copy of tenancy agreement then sorry you don't  know if things are okay.  Plus guarantee agreement and s3 & s48 notice(s) and proof of service of last two.  Until you've seen all there's no way of knowing if guarantee is valid or not. (electronic probably okay)

Please, when did occupants 1st move in? (this may be really important #.

Good luck.

propertyrental

When (or rather, before) buying you should have checked you have all relevant documents eg tenancy agreement, tenant vetting, Right to Rent, gas certificate, EICR, deposit protection details, inventory, rent payment history, correspondance from/to tenants... etc etc.

You took on a business and the business risks are, I'm afraid yours, however incompetant the original or current agent, or your solicitor, may be.

Let's hope you have not taken on a tenancy that can never be brought to an end via S21 due to the last LL's failures or your failures to get the right docs.

theartfullodger

[Deleted User] said:

propertyrental said:

When (or rather, before) buying you should have checked you have all relevant documents eg tenancy agreement, tenant vetting, Right to Rent, gas certificate, EICR, deposit protection details, inventory, rent payment history, correspondance from/to tenants... etc etc.

You took on a business and the business risks are, I'm afraid yours, however incompetant the original or current agent, or your solicitor, may be.

Let's hope you have not taken on a tenancy that can never be brought to an end via S21 due to the last LL's failures or your failures to get the right docs.

Again lesson learned.  
The reason I don't do the letting myself is because I am not an expert, so I pay them 12% of rent to an agent to do it on my behalf. ....

I got my solicitors to sent the old letting agent a request for relevant information and they are now saying they do not have authorisation from me and therefore und GDPR cannot do so. I've written to them five times asking them to forward to myself of my new letting agent...

Understand.  But to be a lettings agent in England requires no qualifications, no training, no criminal records check.  The office could legally and validly be 100% staffed by ex-prisoners from Brixton on early release from their time locked up for fraud and GBH.  really.

Just because agent says they (e.g) served notices doesn't mean they did. This is a minefield .Ask agent for copies of notice(s) and proof of service.

Done any training in being a landlord?  Having an agent is all very interesting but you remain 100% responsible for everything. Yes you might have a case against agent for e.g. negligence but it's you that us responsible....

Yes I've got an agent.... o-err.... Since 2006, not that many disasters.....

macman

What is done is done. Why are you so concerned about a theoretical situation that might arise if you should have a future legal dispute with the tenant that ends up in court? Have you asked them for an original copy?