Advice Please

[southend4ever]

I view a house. I like it. The landlord is lovely. Another couple view the house. They like it. The rent is organised through a management agency/company. Both couples go to the office to sign the contracts. The landlord decides who gets the contract. Landlord chooses me. Great.

Rent for 1 year. Landlord good as gold. Management agency not so great. Slow. Useless. Painful. Go direct with landlord on a few occasions and it is so much easier. No problems. No dodgy agreements, people or anything.

Extend rent for a 2nd year. Great. Everyone's happy. A few months in and we get a knock at the door. It is someone working for a mortgage repayment company. Looking for the landlord. Doesn't realise that the landlord doesn't live at the address. Told that the landlord has had a few problems with payments. A few week's later a letter is posted to us address to landlord from mortgage repayment company marked urgent. As per usual the post is dropped to the landlord's address.

I receive a phone call a few months on from the landlord asking a favour. Can I sign an agreement? Hmm what type of agreement is my first thought. I am then told a story. Landlord has health concerns and is diagnosed with a particular illness. Landlord is not supposed to enter into a tenancy agreement longer than 6 months. We both signed the contract through the management company for 12 months. If the mortgage repayment company find out then the payments will increase by approximately 2% which is of course over a few properties a lot of money and would put the landlord in an awkward position with regards to paying the mortgages off.

I ask for a copy of the agreement so that I can review prior to signing. I am told it is the tenancy agreement without the management company's name on it. I don't ask any questions. I say that I need to think about it. After all, this at the outset was said to be a favour. A favour for a landlord. Someone that I have spent very little time with but has been ever so pleasant. I am told that the landlord didn't everything they could to avoid contacting me. Landlord spoke to the management company who suggested they could draw up two 6 month contracts but that I would lose some rights. I have only had contact with the landlord at this point.

I agree to get back to the landlord. I think about it and realise that something underhand is going on here. Am I right in thinking that the landlord wants me to sign a spoof agreement without the management company's name so that the landlord can falsely prove to the mortgage repayment company that there is a 6 month agreement in place? That was my take.

I see no upside in this for me. My contract is through the management company. The landlord made a point of saying that the management company contract would stand. The point is that should something bad happen as a result of her health deteoriating then the mortgage repayment company would look on file and see a contract that suggests I have contracted with the landlord direct. Firstly, this is inaccurate so I would have signed a document that is completely false. I presume I could get into trouble for that? Secondly, no doubt the mortgage repayment company would somehow find a way to come after me for money that I am already paying to the management company. Thirdly, this seems completely unnecessary.

The landlord said that when I sign this agreement I can also sign one there and then to cover me for the second 6 months. Why? I don't need to. Unless I am missing something this is literally to cover the landlord's back. Don't get me wrong I see the downside which is that perhaps I will get asked to leave the property and they try selling the property. But, why would I sign an agreement that appears to put me on the wrong side of the law and potentially and awkward position personally.

Am I being conned? Am I missing the point? Is the landlord hoping that I see past all of this or am I simply over exaggerating the situation.

I have been told that the landlord has until late this week to provide evidence of this 6 month contract but that the time can be extended. I agreed that I would contact the landlord to confirm my position which I have yet to do. How do you suggest I progress? I was thinking of contacting the management company and getting this in the open. I understand the landlord's pain and situation but surely it was morally wrong to ask me to do this? I am now in an askward position. Having previously had a pleasant relationship I don't see this ending too well.

Any advice would be most welcome.

Thanks.

 

[Mad Cyril]

Don't sign anything and start looking for a new crash pad.

 

[Yorkshire Blue]

Sorry, am v. short of time and have only skimmed this.

Are they asking you to backdate any signature?

Putting all the legal stuff to one side, what is the outcome you want to achieve?

Any tenancy agreement should be between (1) the landlord and (2) the tenant. The management company may help arrange it, but ordinarily wouldn't be signing anything.

Final bonus question, assuming it applies, is your deposit protected under a tenancy deposit scheme?

 

[southend4ever]

Don't sign anything and start looking for a new crash pad.

That seems sensible and logical. Pretty much in my thoughts although I was hoping I wouldn't need to do the latter but that would be quite fickle of me to think like that.

Sorry, am v. short of time and have only skimmed this.

Are they asking you to backdate any signature?

Putting all the legal stuff to one side, what is the outcome you want to achieve?

Any tenancy agreement should be between (1) the landlord and (2) the tenant. The management company may help arrange it, but ordinarily wouldn't be signing anything.

Final bonus question, assuming it applies, is your deposit protected under a tenancy deposit scheme?

To be clear this arrangement is with the landlord direct and does not involve the management company.

The landlord will produce a copy of the tenancy agreement, without the management company name attached, for me to sign, backdated to cover the 6 month period from the beginning of my second 12 month contract. Whilst I am there the landlord will have me sign a 6 month agreement to cover the second 6 month period. This has nothing to do with the management company this is just for false proof to the mortgage repayment company.

The outcome I want is the assurance of somewhere to live for the forseeable future and not to be dumped out of our current home. I believe the landlord has to give me either 1 or 2 months notice but I don't have a copy of the agreement in front of me.

Good point regarding the tenancy agreement. It is between the landlord and I but arranged by the management company. That gives me some comfort that this is not going behind the management company's back as much as I first perceived. Silly me, I am not contracting with the management company. They are witness to the contract. But, still, I don't really want another contract in place without the management's company's name on.

Rather naively I don't know the answer to that. The deposit went to the management company. I understand that I get that back at the end of the tenancy agreement. The deposit was put in at the beginning of the initial contract and nothing further was paid other than admin fees for the 2nd year's contract. Given that the management company are very reputable I would assume all is above board but sadly I don't know the answer to your question.

 

[Yorkshire Blue]

OK, I don't have all the necessary information to be able to properly advise, and you should not rely on what I say in this thread but seek legal advice elsewhere.

Bearing that in mind, you may though want to think about mutually agreeing to end any existing agreement and simultaneously entering into a new 6 month agreement. The start date of the tenancy could be backdated but the date you sign could not be ie you could sign an agreement which said the tenancy starts 01 June 2013 but was signed 30 September 2013. This would not be fraudulent, would hopefully satisfy the mortgagee (who is primarily concerned about being able to boot you quickly so they can sell if they need to repossess) but would give you less security of tenure (ie you could be booted out after 6 months, instead of a year).

If the mortgagor (presumably your landlord - were the names the same on the letter from the bank as on your contract?) is in arrears and/or is breaching the contract by an unauthorised sub-letting to you, this could be grounds for repossession by the mortgagee.

More advice is provided here

Personally, I'd also make sure the landlord knew I was doing them a huge favour and that they owed me one. I'd also want to ensure that the mortgage was up to date and that any problems on that front had been resolved before committing for longer.

I wouldn't worry about the management company.

With regards the second 6 months, how much longer is left?

Read that link about tenancy deposit schemes and make sure yours is registered. There are links to the authorised schemes were you can check yours is registered. You should also have been provided with details. Make sure it is registered - if your landlord is in arrears she is in financial difficulties, and it is doubly important that this is protected.

This is not intended as legal advice and should not be treated as such.