Assured Tenancy Agreement Terms

[loring]

I recently signed up to an Assured Tenancy Agreement for a flat in a retirement development and I have a few queries relating to Terms and Conditions in the agreement and queries since imposed by the letting agent. I can find lots of information on Assured Shorthold Tenancy Agreements but nothing on Assured Tenancy Agreements

The tenancy is for a period of 6 years and then rolls over from year to year as long as I want to stay there.
The letting agent has taken a deposit from me which he holds and keeps the interest. Does he have to tell me where the deposit is held/invested and is he entitled to keep the interest earned on the monies, considering it is quite long term.

The agreement states the property must be redecorated every third year of the tenancy, is this considered to be a fair term. Since signing the agreement the agent has sent me a painting specification for repainting, to be honest the specification is more appropriate to the Voyager Space Shuttle. I am aware the Landlord used 1 coat of B&Q to repaint the flat before I moved in. Is it reasonable for the letting agent to impose his specification to use several coats of a specified fireproof paint, it applies to no other property in the development. Would this be considered to be a fair term in the agreement.

I have to supply letters from two medical doctors to show that I am of sound mind and body to live in the flat. ???

If I wish to keep a pet I must obtain written permission from the letting agent and must submit my request in writing along with a non returnable payment of £50. That would make my goldfish quite expensive.

I must purchase a TV Licence regardless of whether I have a TV.

An agent from the letting agency has phoned me 8 times in 2 hours because he wishes to carry out an appraisal at the flat, he phoned and left messages on my home phone and mobile while I was on holiday. I consider this behaviour amounts to harassment. I guess he wants to collect a fee from the Landlord for carrying out this visit. I have since spoken to him and he is unable to tell me what the appraisal is about but he told me he works for me. ?? I put him right on that one.The flat is unfurnished. Am I within my rights to write to the Landlord and request the Letting Agent remove my telephone numbers from his system and in future contact me via the Landlord. I don't know why the Letting Agent needs to visit at least once each year when the property is unfurnished and is inspected each year by the Manager of the Development.

Would appreciate any views on these issues. I am not sure if PlanB has the answers

Thanks
loring

[pompeyfaith]

Re: Assured Tenancy Agreement Terms

Yes PlanB is the lady for this, am sure she will be along soon.

[PlanB]

Re: Assured Tenancy Agreement Terms

Loring, I remember sorting your deposit which your rogue landlord didn't return a while ago. I'm glad to see you're checking out all the small print in this new tenancy agreement to avoid any dramas.

There's some basic information about Assured Tenancy agreements here:

http://england.shelter.org.uk/get_ad...ured_tenancies

I think the Tenancy Deposit protection legislation only applies to Assured Shorthold Agreements but I'll double check since you say your Assured Tenancy is for a fixed period of six years. If the deposit is to be protected then that would be stated in the contract and the Landlord or their Agent would be obliged to tell you where it's being held.

The tenancy agreement should also state whether interest will be paid and to whom (Landlord or Tenant). I've never seen one where the Tenant gets the interest sadly

I'll go through all the other queries you have raised in separate posts so that this one doesn't get too long and confusing (for me not you)

[loring]

Re: Assured Tenancy Agreement Terms

Thanks PlanB, yes I remember you sorted me a letter for my last landlord and he paid up promptly.

I am afraid I just no not trust any letting agent since that experience. This new one has already changed the method of calculating the annual rent increase and the notice period he was due to give me advising of the increase. They all seem to be think they are a law unto themselves. I have written to him to reject the increase he has offered. This led me to going through the agreement and looking at each term. There is a term in there that makes me responsible to pay any future increases in the ground rent of the property, I don't like that either.
I will wait to hear from you again before I write to him in detail of I might just ask the OFT their views on some of the terms.
Thanks
loring

[PlanB]

Re: Assured Tenancy Agreement Terms

Would you like me to take a peek at your tenancy agreement? You can email it to me using planb@all-about-debt.co.uk

[loring]

Re: Assured Tenancy Agreement Terms

Hi PlanB
I would appreciate if you had the time to have a look through it, give me till tomorrow to organise that
Thank you
loring

[PlanB]

Re: Assured Tenancy Agreement Terms

An agent from the letting agency has phoned me 8 times in 2 hours because he wishes to carry out an appraisal at the flat, he phoned and left messages on my home phone and mobile while I was on holiday. I consider this behaviour amounts to harassment.

I would call the letting agency and ask to speak to the manager. Tell them you're finding this hounding by phone to be not only intrusive but possibly harassment. Tell them if it doesn't stop then you'll make a formal complaint. Ask them to send/email you a copy of the agency's Complaints Procedure. Ask them to confirm whether or not they are a member of the Property Ombudsman Scheme. That should shut them up.

If you need to complain about them this is how you can do it: http://www.tpos.co.uk/make_complaint_rents.htm

I'm sure they don't really want to make your life hell, I expect this is the usual case of an insensitive agent who doesn't appreciate that moving into a new home can be stressful and they should try to make your life easier not worse.

I'm glad you and your goldfish have found somewhere long-term to live and nest.

PlanB x

[loring]

Re: Assured Tenancy Agreement Terms

Hi PlanB
This is the 2nd visit I have had from the letting agent. He came to inspect the flat which was let unfurnished apart from the cheap carpet in the living room and a 20 year old carpet in the bedroom. He had nothing to do apart from giving me BS about how the letting agency worked for me and how the letting agent could change the terms and conditions in the tenancy agreement because they managed the tenancy. I pointed it how strange it was that the landlord paid him a fee to work for me, I asked him if the landlord was aware of this as I thought I would be required to pay anyone who worked for me. I told him the letting agent was not a signatory to the agreement and was not permitted to change anything in the agreement with out prior consent in writing from the landlord and the tenant. I guess his visit was to justify invoicing the landlord for a visit fee.
I was thinking of asking the landlord not to have my time wasted by such visits in future and also ask the letting agent to contact me only via the landlord.

[PlanB]

Re: Assured Tenancy Agreement Terms

Loring.

I've got your email and I'll reply on Tuesday after the Bank Holiday.

PlanB x

[PlanB]

Re: Assured Tenancy Agreement Terms

I'm afraid I can't open those documents you emailed me without signing up to some Google file-sharing thingy

It doesn't really matter for now though.

I can see that you're already living in the property and have signed the tenancy agreement. In an ideal world you would raise any issues before you sign the contract in order to get amendments, deletions or additions dealt with before the tenancy starts. Your position now is that you've agreed to everything and now want to un-agree stuff.

I think you should only worry if something you're uncomfortable with in the contract triggers an actual problem.

If you haven't got a TV then there's no reasonable reason for you to purchase a TV Licence. Argue that point when the time comes.

Decorating every three years sounds a bit over-zealous to me. Seven years in the norm, or even only once in the last three years of occupancy. But since this is in effect an everlasting tenancy (assured tenancy agreement with the right of succession to one more generation) then it's not necessarily reasonably for the Landlord to expect you to redecorate every three years. Again, cross that bridge when you come to it.

Inspection visits from agents can be stressful because they worry about the tiniest things in case the Landlord blames them for not looking after the property. We had a lively debate on this very topic here http://forums.all-about-debt.co.uk/s...l=1#post360727

I've read all your other issues and they largely seem to be poor communication with your agent. You cannot refuse to deal with the agent because the Landlord has delegated his authority to them. They are in effect piggy-in-the-middle. You tell them what you like/don't like and they go back to the Landlord for instructions. You cannot 'sack' them or side-step them because you'd rather deal direct with the Landlord. Who knows, they might be even worse!

Rather than accuse the agent of harassment why don't you give them a window of time which suits you to take their phone calls. I always tell people I'm not free until after 11 am and never on Mondays.

One thing the agent can't do is alter your tenancy agreement because it's a legal document between two parties and they're not one of them.

I hope that answers some of your general questions but post up again if you have a specific incident such as the imminent rent increase issue.

[loring]

Re: Assured Tenancy Agreement Terms

Hi PlanBThanks for your response on my Forum Thread, I don't know the attachments on my e mail don't open. I will ask my son to have a look. I am generally happy with the contract but the landlord sends letters which place additional burdens on me and implies they are are part of the contract and legally binding. I do not know why you think I want to want to undo stuff in the contract, I have never suggested that, I have only asked if he is allowed add stuff and if you thought his requests would be considered fair by the OFt for example.
When I signed the agreement I was unaware there was safety equipment missing as it was not on the inventory, it was the scheme housing manager who drew my attention that it was missing when he came to test it. It was provided by the Housing Management Company and rented to the flat owner and paid for in the service charge. They tested the equipment 6 months prior to me moving in and then it went missing when the previous tenant moved out.
I have no idea when I will receive I get calls from the letting agents , likewise I do not know when I have hospital appointments or other appointments so I cannot specify which day and at what time the agent can phone. Many of my appointments only give me 2 days notice. My complaint is that he rang seven times in one hour to make a non urgent appointment and I consider that to be unreasonable and amounts to harassment. In future I will insist he writes to me on everything, I am not obliged to answer his calls.


As you are aware I already have had problems with this letting agent the safety system for the flat, it was missing when I moved in, I requested the letting agent replace it. Their "office trainee" responded by e mail saying they would not and I could buy it myself, how professional is that. That was 18 months ago. Recently the Housing Scheme Manager said he would contact the landlord himself about the missing item and she has responded saying she would order one immediately it and said no one had previously told her it was missing. Seems the letting agent did not even contact her, just gave me a fob off answer. As it is Health & Safety equipment, I believe he acted negligently.
Now the Housing Manager on site has spoken to the landlord this week and she is happy to replace it. He has her telephone number but I don't. She pays the agent to do the right thing so she obviously thinks she is paying for a for a competent service. So the letting agent acted as a gatekeeper.


Now I have had a letter from the letting agent telling me about the Annual Rent Increase he is wishes to applying. I received the letter on 16th August, less than a month before the review date.
This is what he has sent:
" The tenancy Agreement entitles your landlord to review the rent and increase by up to the annual percentage increase in the General Index of Retail Prices , currently 2.5%." The letter goes on to instruct me to immediately change my Standing Order at the Bank and advise the agent in writing when I have done this.


The agreement actually states something different:
It states "the increase will be implemented on the anniversary of the commencement date of the agreement and you will receive written notice of of the rent increase two months prior to the rent review date and the anniversary are the 12th September." So the letting agent has actually given me just over 3 weeks notice not 2 months.


The agreement also specifies how the rent increase will be calculated.
" Each year the rent will be increased by the lesser of 6% and the average percentage increase in The Retail Price Index published over the 3 months preceding the the written notification of the review."


Now as the agent keeps reminding me the agreement is a legally binding document, so he should have advised me of the rent increase on the 12th July not the 25th August as he did.
He has not used the method of calculation which is specified in the agreement but another method which roughly doubles the increase.
I hope you agree it is the letting agent who is attempting to undo the contract, not me



Should I tell him that since he has not given me the correct period of notice he is not entitled to implement any increase in the rent for the year commencing September 2014 since he has not given me 2 months notice and furthermore I don't recognise his method of calculating the annual increase. I am working to the terms to the Tenancy Agreement and if he himself would like to pay the landlord his suggested annual rent increase I have no objections. He should carry" Professional Indemnity Insurance.
Let me know what you think.

Thanks
loring


ps I believe he has written the contract such that he will be unable to increase for the duration of the tenancy but I will leave that for later.

[PlanB]

Re: Assured Tenancy Agreement Terms

I haven't forgotten that today is your official rent review date. Before I comment on the situation can you say how much money you're talking about? Is it a whopping increase or only a few quid? It won't affect your legal position but it may help decide whether this is a battle worth fighting.

If the tenancy agreement says the Landlord can increase the rent then they can increase the rent. If the tenancy agreement says the Landlord can increase the rent at the rate of 2.5% over the RPI average for the previous three months then that would be a pretty standard term.

If the tenancy agreement says the Landlord has to give you two months notice in advance then I would think that means the increase would kick in two months after you were given notice and not any earlier. I don't see how late notice would prevent the Landlord from enforcing a term in the tenancy agreement - surely it would only delay the start date of the rent increase?

[loring]

Re: Assured Tenancy Agreement Terms

Hi PlanB
I thought you had forgotten me. I have not paid the rent increase requested by the letting agent. What I have done in the meantime is write to the Landlord and suggest to her that we work rent increase according to our agreement and I pay it directly to her, I have also suggested that she consider getting rid of the letting agent thus saving herself a lot of money and let the current agreement between myself and her continue on a private basis. I do not believe the letting agent should be rewarded for negligence , incompetency or dishonesty.

The agreement states " Any rent increase will be implemented on the Rent Review Date. The Rent Review Date is the anniversary of the commencement date of this agreement shown in Clause 2.8. You will receive written notice two months prior to the rent review date." I think that is quite explicit, the Rent Review Date is the anniversary of the commencement of the agreement i.e. 12th September, not any other date selected myself, the letting agent or the landlord. The rent review date is fixed.

The Tenancy Agreement defines the method of calculation for the rent increase as " Each year the rent will be increased by the lesser of 6% and the average percentage increase in The Retail Price Index published over the 3 months preceding the the written notification of the review."

The letting agent wants to calculate it differently, he states falsely, " The tenancy Agreement entitles your landlord to review the rent and increase by up to the annual percentage increase in the General Index of Retail Prices , currently 2.5%." It may be just coincident that this increase is about 3 times what is would be if he had actually used the agreement.

I will wait to hear back from the landlord and see what she thinks.
Of course I am interested in what you think as well. I hope you can bear with me PlanB, you see old habits die hard, I was a design engineer when I worked and am used to using exact codes theories and information otherwise many of the North Sea Oil Platforms might have fallen down.
Thanks
loring

[PlanB]

Re: Assured Tenancy Agreement Terms

I completely agree with your plan to bypass the agent and deal with the Landlord direct in future

Things get lost in translation so maybe it's best that you talk to the horse's mouth from now on.

[loring]

Re: Assured Tenancy Agreement Terms

Hi PlanB
I had a private landlord for 6 years and never had any problems whatsoever, she would come and see me every year and would agree the rent increase and the tenancy ran from year to year. Letting agents have little when it comes to morals or ethics, they use unqualified,untrained and poorly educated staff. It is a non job they do and they are well paid for it. The agent who visited me in July would run rings round Del Boy Trotter, full of BS. I have also written to the letting agency and asked them some rather serious questions about how they conduct their business. I have suggested they keep their Professional Indemnity Insurance payments up to date.
I hope I can do business with the landlord and she will get rid of the agent and save herself about £2000 a year.
I will keep you updated
loring