Agency invented their own tenancy agreement length

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    Agency invented their own tenancy agreement length

    hey all, newbie here- So the agency I went to (as a landlord) signed the tenants into a 24 month contract with a 12 month break clause BUT I (landlord) asked for 12 month with a 6 month break clause. They are holding my house to ransom saying if I exit early I have to pay whopping huge cancellation fees. They stupidly sent both copies of what I requested 12/6 & then later sent another email with 24/12 I have both copies- seeking legal advice BUT any advice from anyone here please - Muchos ta in advance :-)

    #2
    That's helpful background, but what's the actual problem/question?
    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).

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      #3
      Hi jpkeates, My actual question is Are the Letting Agents allowed to invent their own tenancy agreement lengths without asking me first?

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        #4
        An agent must follow your instructions.

        Huge cancellation fees are ruled out by the Consumer Rights Act 2015.

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          #5
          Hi Lawcruncher, they are claiming that the 12/6 break was sent out by 'mistake' & that they 24/12 stands. (I have both copies of 12 & 24)
          The problem is that the tenants are in the house thinking they are there for 2 years/ 24 months.
          Can you send over a link or help me get to the consumer rights act 2015 bit please. I just checked & its like looking for a needle in a haystack

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            #6
            The tenancy with the tenant probably stand as the agent's action binds you. But you should be able to go after the agent for acting against your instruction.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

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              #7
              Originally posted by Walia View Post
              Hi jpkeates, My actual question is Are the Letting Agents allowed to invent their own tenancy agreement lengths without asking me first?
              No. They're not - they work for you and should follow your instructions.

              But If the tenancy has begun and the agreement is for 24 months and you're happy with the tenants why is there an issue with a "cancellation fee"?
              The agent has done something wrong (or made a mistake), but it doesn't seem to be costing you anything?
              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


                #8
                Im having multiple issues with the Agent that are so bad they are going to Ombudsman. I dont want to continue with the agents, I wouldn't trust hem with a bag of crisps let alone my house.

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                  #9
                  No written tenancy agreement is required by law anyway.

                  Although you'd be mad not to have one, plus all other documents.
                  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...

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                    #10
                    Originally posted by Walia View Post
                    Can you send over a link or help me get to the consumer rights act 2015 bit please. I just checked & its like looking for a needle in a haystack
                    The section is section 63 - http://www.legislation.gov.uk/ukpga/...ion/63/enacted

                    The list of unfair terms is set out in Schedule 2 - http://www.legislation.gov.uk/ukpga/...dule/2/enacted Scroll down to paragraph 5.

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                      #11
                      Having begun a tenancy with an agent, it's very difficult to end the arrangement.
                      They have all of the documentation you may need to rely on should anything go wrong later on.

                      If you really can't live with the arrangement, I'd retain a solicitor, to ensure that it is ended properly and that all documentation pertaining to the tenancy is handed over to you (because the agent will resist that).
                      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


                        #12
                        artful dodger- what do you mean by 'No written tenancy agreement is required by law anyway'
                        Many thanks to you all for your advice & support- hugely appreciated

                        Comment


                          #13
                          Originally posted by Walia View Post
                          what do you mean by 'No written tenancy agreement is required by law anyway'
                          The Law of Property Act 1925 sets out what land transactions need to be in writing and which of those need to be by deed. One of the exceptions to the requirement for writing is "leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine."

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                            #14
                            wow didnt now that!

                            Comment


                              #15
                              Originally posted by Walia View Post
                              artful dodger- what do you mean by 'No written tenancy agreement is required by law anyway'
                              Many thanks to you all for your advice & support- hugely appreciated
                              Lodger not Dodger: I don't dodge. Serious point, detail matters in Landlord paperwork.

                              No, tenancy in England doesn't need to be written, verbal is fine. Bonkers. Sensible countries require paperwork, and often prescribed wording (eg Scotland with PRT).

                              Come on Engerland, catch up!
                              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...

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