New landlord

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  • Mrgentry
    replied
    Ok, thanks for the replies. In the end I made a cash offer to end the agreement. I think the points I put forward about contract coming after tenancy agreement etc worked. I was happy with the outcome as it was about 38% of what they wanted but we walk away on better terms.

    Yes that was the whole contract and not small print, so the entire letter with details removed. There was another document outlining what's provided but not in contract form.

    Leave a comment:


  • ChrisDennison
    replied
    Thinking about this more, if what you say is correct (that you received this letter after the tenancy was executed) then one could argue whether any of the terms mentioned in this letter were actually agreed on beforehand. Unless you stated that it was.

    Given that you worked with that agency for many years one would assume that the % fee was probably agreed and accepted by both parties - but termination clauses typically aren’t used regularly so I think you have an even better option to end that agreement. If of course you haven’t agreed anything with them beforehand (which gets harder and harder for me to believe).

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  • ChrisDennison
    replied
    Originally posted by Mrgentry View Post
    me on the leasehold and yes, that's the size of it.

    The "contract" was a letter that came with the the tenancy agreement after the tenant moved in and the tenancy agreement was signed. I did not sign the letter but in a later email that i agreed to go ahead some small print was put in there which i missed. the verbal agreement we had over the phone was that if i was not happy after 1 year we would part company, no questions asked.

    [...]

    the agreement is for the duration of the tenancy i've attached the letter with details removed


    Is that document all you had, or what was “the small print” you referred to?

    I would argue that if the attached document is all you ever had, then since it does not state any reasonable contract termination period, such an option could be implied. Therefore, if I were you I would give the agents notice of say 3 to 6 months that you want to end the agreement and state that since there is no express notice period contractually agreed you went for a reasonable notice period.

    But it’s hard to imagine there wasn’t a more detailed agreement between the agency and you?

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  • Mrgentry
    replied
    But the 2 are linked in that no tenant, no payment

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  • mariner
    replied
    Your Contract is the terms of the Business Agreement you agreed with Agent, not the TA.

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  • AndrewDod
    replied
    Well if you don't have a contract with the agent, why go through all the palava.

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  • Mrgentry
    replied
    me on the leasehold and yes, that's the size of it.

    The "contract" was a letter that came with the the tenancy agreement after the tenant moved in and the tenancy agreement was signed. I did not sign the letter but in a later email that i agreed to go ahead some small print was put in there which i missed. the verbal agreement we had over the phone was that if i was not happy after 1 year we would part company, no questions asked.

    the tenancy agreement states that all documents to the landlord must be served at address X but the letter was posted to address Y

    The agent expects money to be paid every year endlessly or until the tenant leaves. i have been with the agent for a number of years but a new owner of the company has meant the service has declined. so the company has had about 16K off of me over the last few years (not the point i know)

    Now i see what you are saying but the agreement/contract is with me not any other person. Therefore the contract is with me, how could the agent sue me if i am no longer the landlord and do not receive the rent.

    he would sue me because the tenant has agreed to stay in the house with another landlord whether that is, say my wife or a firm of accountants that will pay my wife.

    if the tenancy has expired after twelve months the tenant is under no obligation to sign the same agreement with the agent or me.

    the agreement is for the duration of the tenancy i've attached the letter with details removed



    Attached Files

    Leave a comment:


  • mariner
    replied
    Give Due Notice (normally 3 months) in writing, to cancel your Contract with the Agent, then you can assume Agents duties.

    Join NLA/RLA or undertake some LL training.

    Leave a comment:


  • AndrewDod
    replied
    Let me get this straight -- you have an agreement with an agent that you pay them a fee whist the current tenant is in situ. You want to make a different landlord (say your wife) of the same current tenant the new landlord -- and think that will somehow get you out of your contract with the agent without replacing the tenant.

    Can't see how that is going to fly. The agent will probably sue you, and unless they have a strikingly dumbly crafted contract with you, will probably win.

    Who actually owns the property or is on its deeds?

    Leave a comment:


  • Mrgentry
    replied
    Agreed to pay them if the tenancy is renewed or the tenants stay. But the question would be that agreement is with me, so if i take myself out of the equation.

    i'm not really bothered about the service ive received as that is water under the bridge. the aim is to get out of the contract.

    there is no mention of change of landlord in that agreement and that responsibility is carried from landlord to landlord

    Leave a comment:


  • ChrisDennison
    replied
    What have you agreed with your letting agents in your letting management contract? Might be worth starting to look at that...?

    Leave a comment:


  • Mrgentry
    replied
    thanks for the reply,

    the letting agent i have used for the past ten years was bought by another person last year and ive not found the new owner to be good so i'm trying to dodge paying the letting agents the fee and terminate/end the contract.

    This year i had to deal with all of the issues myself.
    Their gas man serviced the boiler and said i needed a new expansion vessel at £300 ASAP..
    In a panic I got a service plan from Baxi including a fix, and got it serviced again (by Baxi) and they said nothing wrong with it.
    letting agent insisted i still paid their gas man

    The landlords gas cert did not have the correct details, i had to send this back and get a new one.

    The tenant comes directly to me with any problems as its easier and quicker

    so i pay £1600 per year for them to collect the rent

    so if hand the landlords responsibilities over to a family member, get a new tenancy agreement with a new landlord name and tell the letting agent i am no longer the landlord.

    the existing tenants will be the same

    Leave a comment:


  • Interlaken
    replied
    Is this some sort of rent to rent scam - I mean scheme? Are you going to accept rent from the 'new landlord' after he/she has taken their cut?

    Leave a comment:


  • Mrgentry
    started a topic New landlord

    New landlord

    I am the current landlord of a property but will be handing over the landlord duties to another person. The tenancy agreement will come to an end at the time of my handover and a new tenancy agreement will be produced and signed by the new landlord.

    Will the new landlord still have to use the existing letting agent if they want to take on the management of the property themselves.

    I have an agreement with the letting agent for full management. they have been paid upfront

    The new landlord will deal with the managing of the property themselves.

    The letting agent is stating that i have to pay them if the tenants remain in the property, i have explained that i will no longer be the landlord and a new agreement will be signed.

    I am the leaseholder of the property and will remain the leaseholder.

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