Trouble leaving agreement with letting agency - Advise please

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    Trouble leaving agreement with letting agency - Advise please

    Morning All,

    Some advice on the following matter would be appreciated.

    Background:
    I have been using the same letting agency for approximately 2.4 years on a 12 month guaranteed payment scheme.
    The agreement is between the letting agency and me. The letting agency have their own tenant.

    An agreement was renewed in December last year for a further 12 months. However, circumstances have changed and therefore I served 2 months’ notice.

    Where advice is required:

    The letting agency have advised the notice cannot be actioned as they have recently extended (without advising me) their tenant in my property for a further 6 month term.

    Referring to the tenancy agreement act it suggests that if there is a break clause in the tenancy agreement which there is and the term is within 6 months of signing the paperwork that I should be able to break the agreement between the letting agency and myself?
    Should the fact the letting agency have extended an agreement with 'their' tenant not allow me to terminate? I am within four months of a new agreement after all?
    When referring to the notice the letting agency replied with "this only applies if the agreement is not brought to an end earlier than the expiration of any sub-tenant's agreement", however, I cannot see point documented.

    Kind Regards,

    #2
    Who wrote the agreement between you and agency?? Agency I assume......

    You can terminate the tenancy between you & agency under the terms of that tenancy agreement (between you & agent). Could you kindly quote the EXACT wording of the break clauseS between you & agent (both for you giving notice to agent & for agent giving notice to you), please?? .
    .
    Assuming they don;t simply agree to termination you will need to go through the courts: Note it will not be (cannot be, may not be, legally impossible to be...) an AST so no s21, no s8. Do you understand the court processes you will need & could you give us please the EXACT wording (without addresses or names) of you notice to them, please??

    However, even if you get awarded possession against agent by court & that tenancy (between you & agent) ends, the tenancy agreement they have with the occupant (their tenant, no - yet - your tenant) will continue but with you thereafter as occupant's landlord. So then it's issue s21 (if possible..) or s8, court, bailiffs etc etc....See s18 HA 1988.
    http://www.legislation.gov.uk/ukpga/1988/50/section/18
    (in your case the tenancy between you and agent will be the "superior tenancy".)

    Cheers!
    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


      #3
      The agreement between you and the agency will contain the terms on which it can be ended.

      Without seeing the break clause it's hard to be sure, but based on what you've written it sounds like you can serve notice.
      However, the agency may find it difficult to obtain vacant possession, without essentially bribing their tenant to leave (and they may simply be unable to get the tenant to leave for several months).
      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

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