Tenants
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Here are 15 ideas for tenants :
- Provide accurate information about yourself.
- Don't let a great property beguile you into paying an overly-large holding deposit.
- Before paying a holding deposit, ensure that the landlord/agent understands that they're not allowed to withhold the holding deposit for any reason if they decide to reject you, unless perhaps they find that you've given inaccurate information. Get this in writing.
- Ask for a provisional moving-in date from the beginning and get written agreement that, if the landlord delays the moving-in date beyond an agreed date, you'll be allowed to withdraw and get your full holding deposit back.
- Legislation requires that tenants are allowed to read the full tenancy agreement before being asked for the holding deposit or any other financial commitment. When you're arranging to view a property, ask the agent or landlord to bring a copy of the tenancy agreement along. Find a quiet corner and read the agreement until you understand it. If you find small print hard, bring someone along for a second opinion. If you need more time, take it away and study it first.
- If a landlord rejects your rent offer, tell them that the the deal is therefore off and you expect them to return your holding deposit.
- Put all communication in writing as soon as possible, even if it's already been made verbally.
- To complain, write a letter explaining why you think you're being treated unfairly and what you'd like them to do about it.
- If agents who are members of the Property Ombudsman Service breach their obligations, remind them that their behaviour is against their code of conduct and that new legislation, the Consumer Protection from Unfair Trading Regulations, stipulates that all voluntary codes are legally binding.
- See if you have any legal-expenses policies. Often these are attached to home or car insurance. Typically you won't get legal representation in court, but they might offer a free arbitration service.
- If you don't have such a policy, you could try an Alternative Dispute Resolution service. The threat of referral to ADR may be enough to change a landlord's/agent's mind.
- You could try taking the landlord/agent to court. You can usually do it quite cheaply and relatively simply yourself using by applying to the HM Court Service online. Simply threatening court action may be enough.
Before taking legal action, familiarise yourself with The Unfair Terms in Consumer Contracts Regulations, the Consumers, Estate Agents and Redress Act and the Consumer Protection from Unfair Trading Regulations.
- In all your dealings, complaints and negotiations be polite, but firm.
The OFT has some guidance of its own on its website which is well worth a read (the link opens a PDF).
Guidance for tenants