Can I (or should I) issue a new AST to include a permitted occupant?
3 years ago | 5 comments
Estate agent lost tenancy agreement?
12:03 AM, 22nd March 2023, 3 years ago
7
Hello all, I am using an estate agent to let my property. Whilst going through an insurance claim for a leak, the insurer has requested the Tenancy Agreements of those living in the property.
Upon requesting the Tenancy Agreements, the estate agent has been unable to produce one of the four agreements.
It has since been re-signed. However, the signature is clearly dated yesterday, whilst the agreement states the move in date was well over a year ago.
My worry is that submitting this agreement will look as if I am attempting to make a fraudulent claim – all the while the estate agent won’t write a ‘Letter of Error/Apology/Clarification’ for me to send alongside.
Any advice for getting the estate agent to play ball?
Thank you,
Sam
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Member Since November 2020 - Comments: 69
11:00 AM, 22nd March 2023, About 3 years ago
You should have been given an entire copy of any AST agreement you or your tenants have signed I think.
A decent agent would have it to hand immediately, so perhaps review who you use or consider self managing through the likes of Openrent.
Member Since April 2021 - Comments: 189
11:12 AM, 22nd March 2023, About 3 years ago
Ask for a copy with the correct date
Member Since September 2019 - Comments: 37
11:40 AM, 22nd March 2023, About 3 years ago
I would simply be honest and explain that your letting agent has lost the original and that you have therefore had the tenant sign a copy. This can’t be too unusual as people lose documents all the time and they can also be destroyed by fire, water, the dog etc.
Member Since February 2020 - Comments: 194
11:40 AM, 22nd March 2023, About 3 years ago
If the insurance claim fails due to an invalid agreement, then you will have cause to claim against the estate agent for negligence and their “fraud”.
Member Since August 2021 - Comments: 307 - Articles: 1
12:10 PM, 22nd March 2023, About 3 years ago
It is best practice for agents to provide landlords a copy of all documentation, including the
– AST
– electrical safety (and gas if relevant)
– deposit protection (where relevant)
– inventory (where relevant)
– referencing
– right to rent checks
– how to rent guide
If your agent does not provide these, so you have a copy if there are any issues, you want to change agent or the agent ceases to trade.
Member Since January 2020 - Comments: 559
1:30 PM, 22nd March 2023, About 3 years ago
In the dyas of technology it shouldn’t happen, but it does! In days of paper I am sure we all lost documents occasionally.
Frankly the agent should be advising youi what to do. If there is no soft copy, then the first thing we’d do is ask the tenant for their copy so that we can take a photocopy of it. Most tenants will oblige. You have to be careful asking tenants to sign new agreements unless the intention is very explicit and documented.
If the landlord incurs any loss then the agent’s PI should cover any losses that may arise.
For future reference, most agents would provide the original signed hard copy agreement to the landlord. All ours now are done by Docusign with all compliance documents included so there is no doubt what the tenant has had.
Member Since January 2015 - Comments: 1435 - Articles: 1
5:13 PM, 22nd March 2023, About 3 years ago
Reply to the comment left by Rod at 22/03/2023 – 12:10If using a Lettings agent why aren’t there 3 original tenancy agreements? One for agent, one for tenant and one for you?
When ai’ve used an agent I insist on All documents completed in triplicate