legal term in Assured Shorthold Tenancy agreement'...execusion of this agreement..'

[Noah1]

Hi,

 

Can anyone explain legal term in Assured Shorthold Tenancy agreement'...execusion of this agreement..'

Rent in advance was paid on execusion of this agreement and then mothly afterwards. The agent twists this part.

 

Thanks,

[Ethel Street]

I think "execusion" is a typo for "execution". "Execution" of a document just means (in most cases) signing it (with appropriate legal formalities if required, eg signature witnessed). When you sign ("execute") a document is when you become legally bound by it (in general). So all the AST is saying is you have to make the first rent payment at the time when you sign it.

[AndyOrch]

Thread moved to the appropriate forum.Please continue to post here.

 

Regards

Andy

[Noah1]

Dear Ethel, Thanks, We have both signed that I paid rent in advance, they took cash, but now, after years there is denial by agent. They never recorded it in a rent statements despite I REQUESTED IT. Any idea how to procede because they don't want to give it back.

[mariner51]

So what does LA claim what the Clause means/was intended?

 

 

Ask for current rent statement and check against your bank statement/receipts.

 

 

If all else fails, sue LL/LA in SCC for return and let Judge decide.

[Noah1]

Hi,

Thanks for your tips. The issue is they don't want to add rent in advance paid by cash in my rent statement and treat it as a donation. All other bank transaction payments are indisputable.

There are more issues with their lack of provide maintenance such as the lock stopped working, the key broke so I can't lock the flat at all. I've reported it, but they refuse to do maintenance, which is their responsibility according to ASTA. I can't invest financially into new lock because they would never refund me.

Could you please explain term 'sue LL/LA'?

[honeybee13]

Hi,

Thanks for your tips. The issue is they don't want to add rent in advance paid by cash in my rent statement and treat it as a donation. All other bank transaction payments are indisputable.

There are more issues with their lack of provide maintenance such as the lock stopped working, the key broke so I can't lock the flat at all. I've reported it, but they refuse to do maintenance, which is their responsibility according to ASTA. I can't invest financially into new lock because they would never refund me.

Could you please explain term 'sue LL/LA'?

sue LL/LA in SCC for return and let Judge decide

 

Hello there. I don't think Mariner is around at the moment and hope they won't mind me expanding on what they've said.

 

LL is landlord, LA is letting agent and SCC is the small claims court where a case would be heard if you decided to take this further. I hope that helps a bit.

 

HB

[honeybee13]

Here's a list of lettings forum abbreviations that might help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?460057-Lettings-forum-abbreviations

 

HB

[Noah1]

Thanks for a list of lettings forum abbreviations which will definitely help. Does anyone knows how much SCC would cost me? I have to calculate whether it's worth it and wouldn't loose more money than gain. I would be interested joining threads discussing problems with private landlords/tenants/legal/housing so feel free to direct me there.

[honeybee13]

Thanks for a list of lettings forum abbreviations which will definitely help. Does anyone knows how much SCC would cost me? I have to calculate whether it's worth it and wouldn't loose more money than gain. I would be interested joining threads discussing problems with private landlords/tenants/legal/housing so feel free to direct me there.

 

Here's a link to the government website, it tells you about SCC paperwork and fees.

 

https://www.gov.uk/make-court-claim-for-money/overview

 

If you're looking for threads as you describe, try typing the key words into the Search CAG box in the red strip at the top of this screen.

 

HB

[Noah1]

So what does LA claim what the Clause means/was intended?

 

 

Ask for current rent statement and check against your bank statement/receipts.

 

 

If all else fails, sue LL/LA in SCC for return and let Judge decide.

 

 

Could you please give me some tips/links as to how to contact Trading standard authority?

 

Thanks,

[mariner51]

I never mentioned TS.

[Noah1]

I never mentioned TS.

 

I never said you've mentioned TS, it's me who's asking.

Could you please give me some tips/links as to how to contact Trading standard authority?

 

Thanks,

[mariner51]

They are in the phone book prob or ring local Council.

[stu007]

Hi Noah1

 

When did you sign your AST?

 

How long is the AST for?

 

Does your AST Agreement state the rent in advance and the amount paid written?

 

If it isn't in your AST nor in statements I would suggest writing to the Letting Agent asking for written confirmation that £000.00 was paid in cash for Rent in Advance and received on XX/XX/XXXX

 

Are you sure the Landlord is aware of your issues? (as a Letting Agent is involved I assume the landlord has contracted the Letting Agent to maintain the property)

 

Have a wee look at this link on Rent in Advance: http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/rent_in_advance

[Noah1]

They are in the phone book prob or ring local Council.

 

I was hoping to get some tips on the forum just as others do. When people asked about their benefits they weren't referred to the council but explained things. No worries I falsely assumed you have some knowledge. I knew I had an option to approach council.

[Noah1]

Hi Noah1

 

When did you sign your AST?

 

How long is the AST for?

 

Does your AST Agreement state the rent in advance and the amount paid written?

 

If it isn't in your AST nor in statements I would suggest writing to the Letting Agent asking for written confirmation that £000.00 was paid in cash for Rent in Advance and received on XX/XX/XXXX

 

Are you sure the Landlord is aware of your issues? (as a Letting Agent is involved I assume the landlord has contracted the Letting Agent to maintain the property)

 

Have a wee look at this link on Rent in Advance: http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/rent_in_advance

 

Thanks the sum was signed by both parties...we're talking about periodic tenancy. There won't be any additional confirmation letter about it. It's more compicated, I wish to approach trading standards so if you have any tipsfeel free to share,

[honeybee13]

Thanks the sum was signed by both parties...we're talking about periodic tenancy. There won't be any additional confirmation letter about it. It's more compicated, I wish to approach trading standards so if you have any tipsfeel free to share,

 

Hello Noah.

 

I can't claim to be an expert on Trading Standards, but I would like to ask why you wish to contact them.

 

As others have said, you can find them through your local Yellow Pages.

 

HB

[honeybee13]

This is from the CAB.

 

https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

 

HB

[Noah1]

I have a question so if somebody knows the right answer, please let me know. If the landlord/agent has properties in differnt boroughs across London, do they need licence from each council or do they need just 1 licence from the borough where their office is registered?

[stu007]

If the Local Authority operate a Private Landlord Register then the Properties the LL has would need to be Registered with the relevant LA (you need to check each LA requirements).

 

Now if they properties are classed as HMO they would require to apply for a Licence from the relevant LA.

 

It is the Landlords responsibility to ensure the properties are registered if required (not the letting agent)

[Noah1]

If the Local Authority operate a Private Landlord Register then the Properties the LL has would need to be Registered with the relevant LA (you need to check each LA requirements).

 

Now if they properties are classed as HMO they would require to apply for a Licence from the relevant LA.

 

It is the Landlords responsibility to ensure the properties are registered if required (not the letting agent)

 

WHATis HMO? Are you saying different councils when the properties are in different boroughs?

[stu007]

House in Multiple Occupation (HMO): https://www.gov.uk/house-in-multiple-occupation-licence

 

If the different Boroughs are run by different Local Authorities then the properties in those Boroughs if required to be registered would need to be registered with the relevant LA for that Borough.

 

Note: when I use LA it means Local Authority not letting agent just for clarity

Edited October 28, 2016 by stu007

[Noah1]

House in Multiple Occupation (HMO): https://www.gov.uk/house-in-multiple-occupation-licence

 

If the different Boroughs are run by different Local Authorities then the properties in those Boroughs if required to be registered would need to be registered with the relevant LA for that Borough.

 

Note: when I use LA it means Local Authority not letting agent just for clarity

 

Are you saying that it is obligation for private landlord to have licence in each borough? For example 10 LA with 10 licences?

[stu007]

No I am not saying its an obligation you need to read that link and you would also have to either contact the different LA to ask their policy on HMO (which may be available on their website).