Rent Guarantee Issues

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

            Latest Activity

            Collapse

            • Do i have an exit?
              by Jacksy
              Hi all
              Need some advice and clarification please.

              I signed up to 36 month tenancy last year.

              I got an email from the agent in January 2020 asking if i wish to resign for 6 months or 12 months.

              However, i wish to leave the premises due to myself and my partner...
              13-02-2020, 13:16 PM
            • Reply to Do i have an exit?
              by Sydaton
              Looks to me as though you read it correctly and you have no further liability after leaving after you give 2 months notice
              14-02-2020, 06:48 AM
            • Reply to Do i have an exit?
              by Jacksy
              My main concern was they said we had to stay the full 36 months. Then they emailed asking us to sign on again for 6 or 12 months.

              Then i saw the clause and i thought hang on that means we can give two month written notice.. i just wasn't sure if i was reading it correctly.
              13-02-2020, 13:57 PM
            • Reply to Do i have an exit?
              by AndrewDod
              (Last message flagged as spam -- So here is a replicate with some added text sdfsdf sfsd af sdaf sdaf sdf sdf sd fsdafsdafsdafsadfsdafsadf)

              Sounds like a reasonably valid break clause to me. Assuming your partner is a named tenant you BOTH need to give the notice (unlike a periodic tenancy)....
              13-02-2020, 13:52 PM
            • Reply to Dodgy agency, complications leaving. advice needed!
              by DPT57
              I doubt it would be considered an unfair term, its pretty standard practice for agents to charge a fee if their client wants to end the contract early. However, I agree that where there has been incompetence this should be challenged by a landlord....
              13-02-2020, 12:17 PM
            • Dodgy agency, complications leaving. advice needed!
              by 787greenliner
              Hi there world of landlord zone...

              Im in need of some desperate help!


              long story short I'm a landlord I currently let two properties to long terms tenants, both using the same agency.

              However in the last year the agency has given me countless headaches...
              28-01-2020, 17:51 PM
            • Reply to Dodgy agency, complications leaving. advice needed!
              by doobrey
              Exit fee might be deemed an unfair term?

              787greenliner, my personal view is that if the agent has been demonstrably ineffective / negligent you should be able to end your agreement without any exit charges and that is probably what I would be pushing for in that case.

              You need...
              12-02-2020, 23:13 PM
            • Letting agents want application form filled before checks
              by Chaseleyreanne
              I have asked to be put forward for a property with a letting agents.
              They have given me my form to fill out which I did. I’ve now had an email asking for my guarantor form to also be filled in.

              i explained that my guarantor won’t fill it in until the landlord agrees to carry out...
              06-02-2020, 11:15 AM
            • Reply to Letting agents want application form filled before checks
              by AndrewDod
              Per your other thread it would be far better if your wealthy father was names as a co-tenant. But then you would not be able to get Housing "benefit"....
              06-02-2020, 20:26 PM
            • Reply to Letting agents want application form filled before checks
              by jpkeates
              If you need a guarantor, you're already on the back foot as far as some agents and landlords are concerned.
              For instance, I don't allow any tenants who would need a guarantee - because guarantees are very hard to enforce, not because of the tenants.

              The landlord / agent has to pay...
              06-02-2020, 14:04 PM
            Working...
            X