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View Full Version : Can my Agent force me to let to this couple?



monstermum
02-02-2010, 04:49 AM
I have a Letting Agent who seems to be trying to bulldoze a couple into the house.Yesterday, at 5.30pm apparently 'the references' have come back to them and they are "fine" and the agency wanted me to arrange the Insurance last night so that the couple could move in today!I feel really uneasy especially when the agency said this couple had to leave their last place mid January and so are living in a hotel now.Am I being unreasonable to want to see a copy of the references and to want a Bank reference too? I don't know if the Inventory has been carried out yet either and wanted to know if a Landlord has to see it and any photos and sign to agree it is an accurate record of the house and it's state.
As you can probably tell this is my first time so any advice would be very welcome.

jrsteeve
02-02-2010, 10:53 AM
You're quite within your rights to request a copy of the reference approval forms and original application forms. I forward a copy of the approval to all of my landlord's for added peace of mind.

The inventory is normally signed by you after move in, but you should have checked the property yourself and noted any issues prior (if this is the first time the property has been let).

Lawcruncher
02-02-2010, 15:19 PM
The inventory is normally signed by you after move in...

Should be signed at the same time as the tenancy agreement.

jrsteeve
03-02-2010, 19:38 PM
Indeed but either are options.

Lawcruncher
04-02-2010, 10:00 AM
Indeed but either are options.

An inventory needs to be referred to in the tenancy agreement. If it is not, it is not the inventory for the purposes of the tenancy, but simple an inventory that may be useful as evidence.

Except as mentioned in the following paragraph, if the inventory is referred to in the tenancy agreement it needs to exist when the tenancy agreement is signed. If the tenancy agreement says (without more) that the inventory is to be agreed, the provision is void as an "agreement to agree." That means there is no obligation on the tenant (or indeed the landlord) to agree the inventory.

If you do want to postpone agreeing the inventory until after the agreement is signed, the agreement needs to specify that if landlord and tenant are unable to agree the inventory it will be settled by a third party.

It surely has to be best practice anyway for the inventory to be agreed before the tenant goes into occupation.

rajeshk4u
04-02-2010, 12:12 PM
You are quite right to have alarm bells ringing.

You should never let the letting agent bully you into accepting tenants that you are not happy with. You should also meet the prospective tenants. It is your property and insist on seeing references....

You have to ask why are the tenants living in a hotel?. Where they evicted?. (but there could be a good explanation, I know some tenants have busy jobs and leave things to the last minute etc...).

It is plausible, that the tenants are putting pressure on the agent as they are paying hotel bills, so want to move asap.

Sometimes, I find that agents will dump anyone into the property as they get their commission upfront after the first month it becomes your problem!.

You mention insurance. Is this rental insurance or deposit insurance?

If they pass the rental insurance, this is is a good sign....