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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My friend is about to rent a property. Can I send the

Customer Question

Hi, my friend is about to rent a property. Can I send the contract over so that you can check it if it is OK?
JA: Has your friend talked to a lawyer about this? What country does your friend live in? If different, what country does this legal question relate to?
Customer: It's the UK. Previously they had sent a contract draft but it didn't state the real estate company anywhere. The lawyer said it must be featured. Now they sent a new contract featuring the company as well. But I want to know if it is 100% correct
JA: What steps has your friend taken so far?
Customer: We have asked a solicitor about the issue and have received advice that
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's it, thanks.
Submitted: 15 days ago.
Category: Property Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

This is a legal information site rather than one which provide representation so as such I cannot specifically advised you or your friends on a tenancy agreement. However I am able to answer any questions you may have in relation to the same so long as they are not overly broad

Customer: replied 15 days ago.
Hello Joshua, my name is***** it's about a simple residential rental contract, my friend just wants to be 100 %sure it's OK. Can I send it over to you?
Expert:  Joshua replied 15 days ago.

You are welcome to forward it over. As above however there are limits to what I can provide through the service. For example, I am not able to review the documents report upon it as this constitutes representation. By contrast however if your friend has read it and has some questions or concerns I can certainly help with this

Customer: replied 15 days ago.
I see. The problem last time was that the real estate company where she is about to pay was not even featured on the document. Now they have changed that. Another concern is that is it ok to pay the whole yearly rental fee in advance? She offered it, but after the problem with the name of the company she was hesitating.
Expert:  Joshua replied 15 days ago.

Thanks. If you would like to upload the document, I will be very happy to have a look at it in connection particular with the above and anything else that immediately jumps out

Customer: replied 15 days ago.
File attached (T34V6P6)
Customer: replied 15 days ago.
Thanks
Expert:  Joshua replied 15 days ago.

thank you. the most obvious concerns in relation to this agreement flow from the request that rent is paid upfront for the entire year. whilst this is a lawful request, it presents significant risks from your friend's point of view. In no particular order, these are as follows:

1) presumably, your friend has no assurance that the purported landlord owns the property and as such, your friend could potentially find that the landlord is letting the property unlawfully and they could find themselves addicted before the end of the term.

2) the landlord as a limited liability partnership as such, if the above were the case, or if the landlord became insolvent - after all, your friend presumably knows little or nothing of the landlord's financial position - then they would again potentially find themselves being forced to leave the property early due to the above or due to landlord insolvency or mortgage repossession with little or no means to recover the rent they have paid;

3) one way to address at least some of the above risks is for the agents to provide evidence of a propertymark client money protection insurance policy currently in force AND to include a provision in the tenancy agreement that they will hold the rent as "stakeholder" and only pay it to the landlord as it falls due. In this way, it would ensure that the agent holds onto the money and only releases the rent monthly as it falls due to the landlord and your friend would have the benefit of a client protection insurance policy to protect against the risk of the agent becoming insolvent.

https://www.propertymark.co.uk/working-in-the-industry/member-requirements/client-money-protection/

in summary, the main risk is that your friend is essentially being asked to hand over a relatively large sum of money to an entity it knows nothing about. Everything may be fine but trusting this to fate could leave your friend significantly out of pocket if any of the above risks or potentially another risk occurs.

Customer: replied 15 days ago.
Thank you for your detailed response.
Expert:  Joshua replied 15 days ago.

I'm glad the above was of some assistance