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Assured Shorthold Tenancy Agreement

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I have signed an assured shorthold tenancy agreement for a 3 bedroomed semi. This was arranged through a person purporting to be an agent. On the tenancy agreement the agents have put their names in the section entitled 'Name of Landlords.' They have not filled in the front of the agreement requsting the name of the Letting agent.

Assuming they are not the owners but are merely the agents, is not this agreement void? I do not appear to have a binding contract with the genuine owners at all because the people who purport to be the agents also purport to be the landlords and therefore the owners.

I'm certain the person who purported to be the agent is genuinely so as the owners have come into the house (in breach of the agreement without notice) to sort out problems.

The agent has not disclosed the landlords name or address. I have not asked yet. I've discovered their surname because of letters that have come to the house and because the agent has casually mentioned the landlords by name.

The agent mentioned their business name in passing once but I have no headed note paper or official confirmation of it.

I'm assuming the agent is genuine but negligent in the way she conducts her business. There's obviously some agenda concerning the landlord's identity which at this stage does not worry me.

In these circumstances does a tenancy agreement actually exist? And if so,between whom?

As far as I can seethe owners are not a party to the agreement because their name has not been entered on the contract and I have never spoken to them. The person purporting to be the landlord is not the owner but is the agent.

Any ideas as to the legality of the 'tenancy agreement'?

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Interesting.My first thought was that the agent has simply made an error in completing the form, but something tells me (just like you) better safe than sorry.Did you contact the agent to sort out the problems you mentioned, or did the 'landlord' just turn up?

Also, when you first had contact with the agent, did you actually go to their offices?If not, do you know where their office is based?If not, and you just have a mobile number with no landline, no official letter confirming tenancy, and a contract which has (whose name?!) on it, I'd be inclined to think this is all a bit dodgy.What factors make you think the agent is genuine?

I think I'd be contacting :

1 The Citizen's Advice Bureau, who can help with BASIC housing law.

2 A more specialist 'housing help' type centre, often run by voluntary organisations (subsidised by local authorities?), certainly in bigger cities, but possibly also in smaller places - look in your yellow pages under advice or similar.Even if there isn't one locally, just ring up and ask for some basic advice over the phone (white lie if you have to and say you live locally).These places are great - I've used one myself.The guy was fantastic, and they had access to a solicitor who specialises in housing law.All for FREE. If there really are problems, a letter or two from an organisation like that can really add weight to your case.I also tried my solicitor who gave me basic advice for free, but of course anything more than this gets expensive v. quickly, and there's no real need for it with the type of organisations I've mentioned around.

3 Finally, when you know where you stand legally, contact the 'agent' and ask her to clarify the situation.Good luck. :)

Edited by Homebird

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The agent has not disclosed the landlords name or address.

For Scotland:

http://scotland.shelter.org.uk/advice/advice-2381.cfm

If you rent from a letting agency or an agent, you have a right to know who your landlord is. If you want to know who your landlord is, you should request this in writing. You should receive a note of your landlord's name and address within 21 days. It is a criminal offence for the landlord or letting agency to withhold this information.

http://scotland.shelter.org.uk/advice/advice-2342.cfm

What should a tenancy agreement contain?

A tenancy agreement should list the terms and conditions you and your landlord need to stick to while you're renting the property. It should contain information about:

the name and address of your landlord

the address of the property you're renting

how much rent you will pay

how long you can live in the property for.

If you haven't agreed on these four things with your landlord (for example, if you don't pay rent) you may not have a legal tenancy. If you don't have a legal tenancy you will be a non-tenant occupier, with fewer rights than a tenant. Read the page on non-tenant occupiers and get advice from a housing aid centre or Citizens Advice Bureau if you're not sure about your tenancy status.

http://www.ussu.info/index.cfm?PRIMARY_ID=...TERTIARY_ID=167

You have the right to know your landlord's name and address.

http://www.manchesterstudenthomes.com/tenant/contracts

Landlord's name and full address Many privately rented properties are managed by an agent on behalf of the landlord who actually owns the property. You are entitled to know the name and address of your landlord and if you want to find out you should write to the agent or the person who collects the rent asking for these details. If they do not respond within 21 days then they are breaking the law.

http://www.mmu.ac.uk/accommodation/shared/index.php

http://www.citylets.co.uk/services/rights6.htm

68. Must the identity of the landlord be disclosed?

Yes. If the tenant makes a written request for the landlord's name and address to the person who receives the rent or to any other person acting on behalf of the landlord, a written statement of the landlord's name and address must be supplied by that person within 21 days of receiving the request, unless he has a reasonable excuse. Failure to comply is a criminal offence, punishable by a fine of up to £2,500.

http://www.bizhelp24.com/personal_finance/consumer_6.shtml

http://www.landlordzone.co.uk/landlord's_address.htm

Some landlords prefer to deal through agents and remain anonymous as far as their tenants are concerned. However, under the provisions of the Landlord & Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request to an agent, have a right to the landlord's name and address.

This information must be supplied within 21 days. The legislation refers only to the landlord's name and address, not his telephone number or any other form of contact details.

Edited by IPOD

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Guest magnoliawalls

Baz - I had a similar situation

http://www.housepricecrash.co.uk/forum/ind...showtopic=10472

http://www.housepricecrash.co.uk/forum/ind...?showtopic=8262

I suspect in our case the agency had a policy of not providing the landlord's name and address so we couldn't complain to them about the agency and also so we would have no redress should they decide to keep our deposit on leaving. I would assume that the tenancy agreement was valid.

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Thanks for the responses. It's been fascinating researching this area.

This ploy of not naming the landlord on the agreement is interesting. In my case I'm dealing with a private 'agent' in that the woman has a few of her own properties (so she claims) and 'manages' others. She works from home and does not have a business office. She has put her and her husband's name on the agreement as the landlords. What she means, ofcourse, is she is acting on behalf of the landlord. Nevertheless, the agreement names her and her husband as the landlords. Her husband is not even an agent.

If one takes the document at face value I have no agreement with the owner of the property. I have a non -binding agreement with people who purport to be the owners and landlords, but who are neither. Non- binding because the agent is not the landlord. Problem is I know full well she is acting on behalf of the owner whose surname I know, so an agreement definitely exists, given my knowledge. I can't get any leverage from what is obviously a defective document.

I shall write with a list of demands, one of which will be the name and address of the landlord. After all, we want to make sure all parties are paying tax from my rental income. ;)

I should add there have been a few problems with the house which she has been quick to rectify. So she's someone who will negotiate. Although we're going to fall out about the security lights which don't work. Nothing was said about them when I viewed the house so I assumed they worked, just as I assumed the cooker and everything else worked. I say the landlord is responsible for security , and, in any event it was implied by their silence that the lights worked. She says they're not responsible for the lighting under the contract. I'm sure she'll cave eventually. I've made in excess of 30 phone calls since I moved in on Monday on the various defects in the house.

Edited by Baz63

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  • 301 Brexit, House prices and Summer 2020

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