Is "auto approval" of contracts a thing?
Discussion
I'm renting out an apartment. I'm using a third party to prepare a check in report which they place on line and then email a link to the tenants. The tenants have to log in to view the report and have 7 days to review and add any comments / queries. If they do not comment within 7 days the system "auto approves" the report using the credentials they used to sign in and view the report in the first instance.
7 days have elapsed and although the report has been auto authorised, they have contested that that is valid claiming "auto signature" isn't enforceable. They have some comments which I've not seen but I assume I have to consent to considering. Where do we stand with the enforceability of "auto approval". Would an adjudicator consider it binding?
All the rules regarding auto approval are set out in the terms when they sign up, and reminders are emailed 3 times during the 7 days.
Thanks all.
7 days have elapsed and although the report has been auto authorised, they have contested that that is valid claiming "auto signature" isn't enforceable. They have some comments which I've not seen but I assume I have to consent to considering. Where do we stand with the enforceability of "auto approval". Would an adjudicator consider it binding?
All the rules regarding auto approval are set out in the terms when they sign up, and reminders are emailed 3 times during the 7 days.
Thanks all.
"9.4 To co-operate in the checking of any inventory and/or schedule of condition. The Landlord will bear the costs of preparing the inventory and/or schedule of condition and associated check-in or check-out report. The Tenant agrees to take all reasonable steps to ensure that such a report can be completed, and that they will be liable for any additional costs arising as a result of the Tenant's actions."
gottans said:
Were they made aware of in any of the communications that they would be agreeing to document even if they didn't respond?
This is the key.It is possible to agree up front to a 'you snooze, you lose' provision such as this, but I would not be confident of enforcing it if the tenants hadn't agreed to it.
Sadly they have already moved in and have signed the rental agreement (young professional couple, perfect references from previous landlords, credit report supports double the rent....) but they have been quite belligerent with signing the check in report.
i can double check the notification but my understanding is that it is very clearly set out that they have 7 days to review and comment before the report "auto accepts". There is confirmation that they did log and read the report on day 1, which means they would have to have accepted the terms to continue. The system also sends periodic reminders to submit any changes or it will auto authorise and I think 3 were sent in total. So yes, I believe they were well aware of the terms and indeed clicked "accept t&cs" on the portal more than 7 days ago.
Thanks all.
i can double check the notification but my understanding is that it is very clearly set out that they have 7 days to review and comment before the report "auto accepts". There is confirmation that they did log and read the report on day 1, which means they would have to have accepted the terms to continue. The system also sends periodic reminders to submit any changes or it will auto authorise and I think 3 were sent in total. So yes, I believe they were well aware of the terms and indeed clicked "accept t&cs" on the portal more than 7 days ago.
Thanks all.
Dapster said:
"9.4 To co-operate in the checking of any inventory and/or schedule of condition. The Landlord will bear the costs of preparing the inventory and/or schedule of condition and associated check-in or check-out report. The Tenant agrees to take all reasonable steps to ensure that such a report can be completed, and that they will be liable for any additional costs arising as a result of the Tenant's actions."
I don't see that this requires them to agree to your Inventory. If there was a dispute after they have vacated, a court isn't going to take to kindly to them raising a concern with the check in information at that point. You'll be able to clearly demonstrate they had an opportunity to raise a concern which they didn't use.
You say that they do have some comments, I would continue to give them an opportunity to raise these, and make sure you can show to a court you went above and beyond your process to accommodate them.
Does the check-in for allow completion using either an iphone or android - or does it only open on a PC.
Might be that they have just moved in .. and don't have any internet access !
I wouldn't rely on any auto approval that's is dependent on them receiving an email - what do they say when you call them ?
Suspect they think they have accepted the document .. but have only accepted some t+cs
Might be that they have just moved in .. and don't have any internet access !
I wouldn't rely on any auto approval that's is dependent on them receiving an email - what do they say when you call them ?
Suspect they think they have accepted the document .. but have only accepted some t+cs
Marcellus said:
I have a recollection that silence cannot be taken as acceptance of a contract.
and for there to be an enforceable contrac5bthere must be an offer and acceptance.
Luckily this isn't a contract though.and for there to be an enforceable contrac5bthere must be an offer and acceptance.
We're talking about a report on the inventory and condition of the property and, if the tenant believes it to be accurate. There's no Legal requirement to have an Inventory, really it's purpose is to serve as evidence if the TDS has to weigh in on a dispute when it comes to returning the deposit.
So really, the questions is would the TDS you use accept the auto approval of the report
Chozza said:
Does the check-in for allow completion using either an iphone or android - or does it only open on a PC.
Might be that they have just moved in .. and don't have any internet access !
This was me with an inventory from Countrywide, online only and no internet in the house and no 3/4G. Ended up standing outside in the rain and tethering my laptop loading a page to view the pictures and then go back inside and check against the house.Might be that they have just moved in .. and don't have any internet access !
From a fellow landlord... why focus your efforts over whether the auto-approval thing stands up?
Clearly the tenants are questioning it i'd assume as they've found some areas in a condition that's worse than the report... I'd simply agree a time with them to attend and update the inventory if they've not long been in the property.
Clearly the tenants are questioning it i'd assume as they've found some areas in a condition that's worse than the report... I'd simply agree a time with them to attend and update the inventory if they've not long been in the property.
I wouldn't be hugely confident of the 'auto acceptance' meaning that once 7 days has passed the matter is settled for ever and that the tenants are barred from raising any dispute. It'll probably be interpreted more like 'at some point we need to complete the administration for this lease, so if we don't hear from you within 7 days then we'll assume you've no issue with the report. However if you come back after 7 days we can charge a reasonable amount for the time taken to amend any administrative steps we've already taken'. It would be possible to draft the contract so that the 7 days was a true 'drop dead date', but then you'd quite possibly be in unfair contract terms territory (particularly as 7 days isn't that long, especially if you've got other stuff on like moving house). As the poster above said it'll be best to just see what exactly they've got a problem with.
Thanks for all the comments.
The check in is being undertaken by a third party so I haven't seen any of the comments. They are supposed to go onto the portal, make any comments and append any pics to substantiate their comments, and do so within 7 days. If they need more time, they can request that, and I then get a notice to approve or otherwise. As they have been quite reasonable so far, I would have no issue with this. However they have made things complicated by writing a long list of comments on email and sending this directly to the third party who can't do any thing with it, as each comments needs to refer to the report and have pics etc. So the third party rejected the comments and said (with my approval), "go onto the website and do it properly and you have an extra 7 days to do it".
I originally thought that I'd not have to consider any of the points if the "auto approval" has simply forced them to sign but on reflection I'm now not concerned about the "auto approval" standing up - any adjudicator is going to say "are the comments reasonable and did you give the tenant a reasonable time to make them". So I will now have given them 14 days in total from moving in to make the comments which I think holds me in good stead.
The check in is being undertaken by a third party so I haven't seen any of the comments. They are supposed to go onto the portal, make any comments and append any pics to substantiate their comments, and do so within 7 days. If they need more time, they can request that, and I then get a notice to approve or otherwise. As they have been quite reasonable so far, I would have no issue with this. However they have made things complicated by writing a long list of comments on email and sending this directly to the third party who can't do any thing with it, as each comments needs to refer to the report and have pics etc. So the third party rejected the comments and said (with my approval), "go onto the website and do it properly and you have an extra 7 days to do it".
I originally thought that I'd not have to consider any of the points if the "auto approval" has simply forced them to sign but on reflection I'm now not concerned about the "auto approval" standing up - any adjudicator is going to say "are the comments reasonable and did you give the tenant a reasonable time to make them". So I will now have given them 14 days in total from moving in to make the comments which I think holds me in good stead.
This isn't about auto approval of contracts.
It is about whether the tenancy agreement includes provisions that they have to accept/reject a document within a certain period. I am involved in multi million pound project which specifically includes auto acceptance of deliveries if not rejected within a period but that mechanism is set out in the Agreement.
The online signature processes I have used for signature of documents may have this facility but it has not been used on any documents I have been involved in.
From what you have said, although the online system provides for auto acceptance, the tenancy agreement does not.
I'd be on the tenants side and if I was the tenant I would be looking for somewhere else. If the landlord behaves like this at the start what should the tenant expect at termination . . . .
It is about whether the tenancy agreement includes provisions that they have to accept/reject a document within a certain period. I am involved in multi million pound project which specifically includes auto acceptance of deliveries if not rejected within a period but that mechanism is set out in the Agreement.
The online signature processes I have used for signature of documents may have this facility but it has not been used on any documents I have been involved in.
From what you have said, although the online system provides for auto acceptance, the tenancy agreement does not.
I'd be on the tenants side and if I was the tenant I would be looking for somewhere else. If the landlord behaves like this at the start what should the tenant expect at termination . . . .
Another brilliant idea no doubt brought about to streamline and simplify the process of taking on a new tenant. (AKA saving as much money as possible)
So what is top trump?
The tenant sending in emails stating there is a big stain on the living room carpet (for example). Or the letting agent saying you didn’t notify us there was a stain as per our approved method?
Drawweight said:
So what is top trump?
The tenant sending in emails stating there is a big stain on the living room carpet (for example). Or the letting agent saying you didn’t notify us there was a stain as per our approved method?
Tenant email every time ! The tenant sending in emails stating there is a big stain on the living room carpet (for example). Or the letting agent saying you didn’t notify us there was a stain as per our approved method?
Unless the Agreement stated that only the "app" could be used - which I doubt , then any method would work.
The letting agent/landlord is a business - the tenant isn't ! Be a Professional
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