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original of tenancy agreement HB


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Hi. I have moved home couple o weeks ago and reported that to the council, council asked me for the tenancy agreement which I have't got problem with but they telling me that they want original which I have't got. Agency did send me scan as a pdf document which I can printout but council is telling me that this is no good for them. Is council right? I can supply more documents to show how much my rent is now and where I live I have't got problems with that, I'm paying by bank transfer so it is on my bank statements. If council is right how do I approach letting agent to give me original document? We have signed only one copy of the contract. Is letting agent obliged to give me another copy for me or can he get away with photocopy? Hope some can advice as it is getting me depressed. Thanks

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Hi. I have moved home couple o weeks ago and reported that to the council, council asked me for the tenancy agreement which I have't got problem with but they telling me that they want original which I have't got. Agency did send me scan as a pdf document which I can printout but council is telling me that this is no good for them. Is council right? I can supply more documents to show how much my rent is now and where I live I have't got problems with that, I'm paying by bank transfer so it is on my bank statements. If council is right how do I approach letting agent to give me original document? We have signed only one copy of the contract. Is letting agent obliged to give me another copy for me or can he get away with photocopy? Hope some can advice as it is getting me depressed. Thanks

 

If this is to do with a housing benefit claim, then Yes council can ask to see original documents ....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Yes, had the same, for HB council need the original document signed by the tenant(s) and landlord/agency quoting monthly rent clearly. I may bemissing something but if you are the tenant what is the problem getting the original? Every time I have moved the agency has done two copies of the agreement - one for them to file and one for me to keep - they are identical and not copied andhave signatures on in original ink not photocopied.

 

If I was you my approach to the agent would be "excuse me Mr letting agent, can I have the original copy of MY tenancy agreement please?" No reason they should refuse.

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Thanks for response. Yes it is for housing benefit as I was on JSA (lucky enough working now) when we moved and council suspended payments to I give them new tenancy agreement. Its really hard to get anything from this letting agent, if did know did before I would't rent from him. There was so many problems over stupid thinks like letter box key. So they can give me the original but they don't have to is that right?

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if you don't have (or can't get) original TA, most councils will accept a letter from landlord confirming details of TA

 

some councils have a verification of rent form which your landlord can complete to confirm the details

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So they can give me the original but they don't have to is that right?

 

normally there are 2 original TAs, landlord keeps one and you keep the other

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if you don't have (or can't get) original TA, most councils will accept a letter from landlord confirming details of TA

 

some councils have a verification of rent form which your landlord can complete to confirm the details

unfortunately we have signed only one copy of the contract, I don`t even know name of my landlord, everything has been sorted through agency.

I will send them an email asking for another copy of the contract.

so basically if they refuse I have no chance of getting HB?

thanks for advice.

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unfortunately we have signed only one copy of the contract, I don`t even know name of my landlord, everything has been sorted through agency.

I will send them an email asking for another copy of the contract.

so basically if they refuse I have no chance of getting HB?

thanks for advice.

 

I wouldn't take no for an answer, frankly. If they won't supply you with a copy of your contract, they should arrange for a letter from your landlord.

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I wouldn't take no for an answer, frankly. If they won't supply you with a copy of your contract, they should arrange for a letter from your landlord.

thanks antone

well they just not an easy ones. I`m asking them if they could sort out another copy of the contract with original signatures so they telling me that they have send me a scanned copy of it. So I just responded to that saying if they think that scanned copy is good enough they can keep the scanned and I would like to have the original copy that we signed. So legally I don`t have leg to stand on, do I?

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Quite frankly and reputable letting agent will have no problem at all with you having the original (or one of the two) contracts. There should always be two signed (original) copies - one for the tenant and one for the letting agent/landlord. I would be questioning the practice and ethics of the agent if I were you and also let the council know that they are being less than helpful.

 

 

I do know being pro-active with this may cause distress and also possibly rile the agent and landlord but it is your right to have a copy of this contract (an original) and I would be pursuing it.

 

 

Hope you get it sorted.

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I will do my best to get it from them. I did told council that they don't wanna give me the original one. We printed the scanned one and my wife gave it to council yesterday. They said it is copy but scanned it anyway and gave her receipt that show they have taken original TA. So don't really know whats gonna happen now. I'm more than happy provide bank statements to show amount of rent paid to agent etc. We will see how it goes. Thanks

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What now? That what I got back from LA:

In connection with your request for a second (original) tenancy agreement; this is not possible or legal – one tenancy agreement is sufficient and both you and the landlord hold a scanned copy for your safekeeping. The original document is held in safe storage by Clarke Hillyer to avoid any possible misuse or amendment by either party for their own benefit – there is no legal reason for you to hold an original copy.

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You do not need a tenancy agreement to claim LHA!

 

Your Council is obfuscating as although they might prefer an original signed document there is nothing whatsoever wrong with a print out of any document.

 

All they have to do is validate it by contacting the parties involved.

 

I've used self printed online account bank statements for my Council for over 7 years. I also did not have a valid tenancy agreement (it had expired and gone PST) so had to get my landlord to fill in and sign a form stating the tenancy arrangements.

 

As for your Letting Agent all they will give you is a photocopy of the agreement - which is exactly the same as a print out of a scan so.......

 

Your council are being unreasonable politely point that out to them!

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That may be the case, but re:

 

"In connection with your request for a second (original) tenancy agreement; this is not possible or legal"

 

In the nicest possible way, this sentence from the letting agent is utter garbage. When I signed my current (and past) TA's two copies were signed, both original with original not scanned/copied signatures - one for me and one for the agent/landlord so quite frankly they are talking out of their a**e

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That may be the case, but re:

 

"In connection with your request for a second (original) tenancy agreement; this is not possible or legal"

 

In the nicest possible way, this sentence from the letting agent is utter garbage. When I signed my current (and past) TA's two copies were signed, both original with original not scanned/copied signatures - one for me and one for the agent/landlord so quite frankly they are talking out of their a**e

 

Yes, agreed. I have lived in many rented properties in Scotland and England, and in all cases have had my own signed copy of the tenancy agreement. This has been true whether the let was arranged directly with the landlord or via an agency.

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What I could do, if Boloney wishes me to, is drop an alert to this thread over in the Residential Lettings forum here on CAG. There are some guys who know their way around this aspect of the law.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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I think that may be helpful, I am passionate about these sort of things and have been engaged in numerous wrangles with letting agents in the past over legal issues and having peace to be habitual in the premises (can't think of legal term in contract at the moment) Sometimes letting agents are just lazy and just there for the ££££, it is YOUR RIGHT to have an original copy of the TA and I would pursue this further.

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thanks for help. I have been on the phone to local CAB and did`t gain a lot by calling them. They said that council can ask for original copy of the TA and they can confirm that letting agent have to provide me with the copy of the TA but it does`t say if the copy have to be original copy or if it can be photocopy. so I`m stuck between rock and something hard, even CAB does`t know where one stands. Anyway I asked uncle google for help and I came across Duty of landlord to provide statement of terms of assured shorthold tenancy in the Housing Act 1996 and it says that:

Post-Housing Act 1996 tenancies: duty of landlord to provide statement as to terms of tenancy.

(1)

Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which—

(a)

falls within subsection (2) below, and

(b)

is not evidenced in writing.

 

so the question is can they say now that the TA they gave me falls into (b) so they don`t have to give me any statements?

antone yes please spread the word as I need help ASAP.

thanks

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I think that may be helpful, I am passionate about these sort of things and have been engaged in numerous wrangles with letting agents in the past over legal issues and having peace to be habitual in the premises (can't think of legal term in contract at the moment) Sometimes letting agents are just lazy and just there for the ££££, it is YOUR RIGHT to have an original copy of the TA and I would pursue this further.
well I`m not going to leave it as it is as my HB is suspended at the moment and I will need that money at one point. Its even council wrong or letting agent and I will have to find out which one is wrong. you would think that for £500 they charged me you will deserve copy of the TA would you not? :)

rip off

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http://www.landlordlaw.co.uk/landlords/tips/tessas-ten-top-tips-landlords-tenancy-agreements

 

IN PARTICULAR READ POINT 10

 

"Most important of all - make sure the tenants have signed the tenancy agreement and that you hold the tenancy agreement with their original signatures (ie not photocopies, or a faxed or scanned copy) before you hand over the keys and they are allowed to occupy the property. They should be given a copy of the tenancy agreement with your original signature on it."

 

You may wish to show them this web page and subsequent point in note and see what they have to say for themselves!

Edited by essexmat
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antone yes please spread the word as I need help ASAP.

thanks

 

Done and the thread is here.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Essexmat thanks for that but do they have to follow anything that is on the net and it is't a law? To be honest I was looking for something that they will have to follow without any questions. So as I can see legally I can't force them to give me original TA? Antone thanks for posting the other thread for me.

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Just to update the case. Looks like printed TA was good enough for council ale they updated amout of rent paid. My HB is still suspended as they waiting for evidence how much I'm earning now as I stopped JSA couple of weeks ago.

Thanks

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  • 1 month later...

Hey just come across this problem which is almost 80% similar to the problem I have obtaining my mother's lease for her council tax support and housing rent benefit claims which I will post about shortly however I am really interested in what the update is/or what the outcome was to this problem?

 

Thanks

Dug my head in, now trying to get stuff done

:behindsofa:

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