Rent Guarantee Issues

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    Rent Guarantee Issues

    Another potential Agent nightmare. I have a rent gaurantee(yes stupid decision) for last couple of years.

    my contract is with agent who then sublets to his tenant.

    found that agent was not managing property and using contractors that were not qualified and therefore potentially putting tenants lives at risk.

    Issued contract termination letter to agent and he is now saying that unless he confirms he has handed property back to me he is still the 'tenant'. Sounds crazy but once contract is terminated and date specified, can agent 'not' hand property back? assume agent has no rights as tenant since he is not living there.

    Termination letter was issued inline with contract. I want tenant out but if tenant is still at property then does that tenant automatically become my tenant?

    if anyone has gone through this then do share.

    expecting to get property back on 24th January 20 with or without tenant.

    thanks
    ​​​​​

    #2
    Because it's a common law tenancy, the tenancy agreement with the agent will control what happens when you serve termination notice.
    Usually, you'd expect that to end the tenancy and the occupant would automatically become your tenant.

    That can be a bit of a mess, but I don't think the agent is correct about continuing to be your tenant unless the tenancy agreement is very odd.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      thanks, as I thought and contract is fairly standard without unusual clauses.

      Agent is trying to be difficult but once termination date is reached he will not have a say anymore as he is out of the loop.

      the mess i guess is how to deal with tenant.

      best regards

      Comment


        #4
        When you say the agreement is fairly standard, what does that mean?
        I don't know of a standard rent to rent contract (although it's not something I have much experience of).
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          i meant there was nothing in the contract that was contentious.

          my plan is to attend property on 24th, if tenant is there then inform them that the contract is terminated with agent, if they wish to stay then we can renew seperately. if they refuse then i initiate legal action to remove them.

          The agent has no further say and cannot claim my property as he does not live there.

          cheers
          ​​​​​​

          Comment


            #6
            Originally posted by silverspire View Post
            Another potential Agent nightmare. I have a rent gaurantee(yes stupid decision) for last couple of years.

            my contract is with agent who then sublets to his tenant.......................​​​​​
            OK So you are landlord in the agreement with the agent who is your tenant..... Please confirm agreement names you as landlord & agent as tenant.

            Then the agent, as landlord, sublets to his tenants, the occupants.

            You have no relationship or contract with the occupants: They are not your tenants. I doubt you have the right to speak with the occupants...

            Best approach is for you to end the contract with the agent - probably need court action. What are the EXACT terms of the clause about you ending that agreement please? (please please don't tell us the agreement was supplied by them..). Does the termination letter exactly comply with that clause? Then when that agreement & tenancy is ended the occupants become your tenants. Under their existing AST terms .

            This happens under s18 of Thatcher's 1988 Housing Act see..
            http://www.legislation.gov.uk/ukpga/1988/50/section/18

            - can't overule the sainted Margaret..

            - then you issue s21s: But find you have no paperwork and s21s are invalid.

            Sorry to jump to gloomy conclusions

            Moral: Don't ever engage in rent2rent... see....

            https://www.propertytribes.com/rent2...127641667.html
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment

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