BTL: property self-management after/without Agent

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    sounds like sound advice jeffrey!

    are there any solicitors on this website?

    Comment


      Originally posted by AndyJohnson View Post
      sounds like sound advice jeffrey!

      are there any solicitors on this website?
      Jeffreys signature might give you a clue

      Or see here http://www.landlordzone.co.uk/dir/solicitors-legal.htm

      Comment


        You're joking right?

        Comment


          Originally posted by Paul_f View Post
          I can see a business opportunity
          Originally posted by Snorkerz View Post
          Jeffreys signature might give you a clue

          Or see here http://www.landlordzone.co.uk/dir/solicitors-legal.htm
          Both wrong, of course. I do not handle litigation of any kind, so my advice is disinterested (as you know it always is).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            evening gents!

            continuing on from the dis agreement i have had with the agents, they emailed this today:

            'If you now intend to take over (or have) any property we must receive notice in writing and for a period of not less than 2 months commencing after the end of any existing AST agreement we have with the tenant for the particular property'

            so my question is, if i give them a reasonable notice period (1 or 2 months), and they have people tied into 12 month contracts, will i be in the wrong to take my property back and offer the tenant a new contract?

            one tenant i spoke too had a 12 month contract he just signed and was worried to sign a new one with us, as he thought the old agents would hold him to it and sue him! they actually told him this as well!

            things r getting a little messy!

            ps: i spoke to a few solicitors, they told me what you told me, reasonable notice should be given

            Comment


              Originally posted by AndyJohnson View Post
              we must receive notice in writing and for a period of not less than 2 months commencing after the end of any existing AST agreement we have with the tenant for the particular property
              But:
              a. does this reflect the Agency Agreement; or
              b. is it merely something that they've now invented?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                hi jeffrey

                its something they've invented

                they offer the tenants ASTs and put their name down as landlords

                they're threatening to sue the tenants that sign new contracts with us over riding the old contracts

                can they do this?

                one tenant came in today, he has 4 months left on his contact with the agency and was afraid of getting sued for the remaminder of the 4 months if he signed a new one with us!

                the agency threatened to sue us for the 4 months on this client - and all the other clients too that have fixed contracts with them! they cant do this right?

                they are really bad, several tenants are suing them for disrepair and not sticking to their obligations as landlords

                Comment


                  if you have signed terms and conditions with the Agent that state you must give 2 months then you should adhere to this.

                  If you have signed no contract with the agent then I would advise you to just give them one months notice in writing that you intend taking the property back and its easier to do this on a rent payment date.

                  However if you have tenants that the agent has just put on a then you should pay the agent up to the end of the fixed term.

                  Comment


                    hi poppy

                    many thanks for your input

                    no written agreement is in place

                    i have now taken them all back

                    to remedy the situation shall i give them 1 months commision on the ones that have periodic contracts?

                    and commision for the fixed term contract that i have over ridden with my new contracts?

                    please note, lots of the tenants were complaining about the level of dis repair, where some havent had heating or hot water for months - i warned the agents about this as complaints were voiced from the council and told them i'd taken them back if things didnt improve - in this case should i still be giving them any notice?

                    i've been told that if they are not meeting their obligations then i can get away without giving them notice?

                    Comment


                      Originally posted by AndyJohnson View Post
                      hi poppy

                      many thanks for your input

                      no written agreement is in place

                      i have now taken them all back

                      to remedy the situation shall i give them 1 months commision on the ones that have periodic contracts? yes, think this is best

                      and commision for the fixed term contract that i have over ridden with my new contracts? i think this would be the fair thing to do and they cant then complain that they are not getting their commission

                      please note, lots of the tenants were complaining about the level of dis repair, where some havent had heating or hot water for months - i warned the agents about this as complaints were voiced from the council and told them i'd taken them back if things didnt improve - in this case should i still be giving them any notice? its up to you really, if you feel that the LA have defaulted in their obligations to you then just walk away and them to sue you...bearing in mind they might try and do this though if they feel they have a case

                      i've been told that if they are not meeting their obligations then i can get away without giving them notice?
                      Good luck!

                      Comment


                        I would also advise writing to each of your tenants, by email or letter, setting out that the agent has no authority over the binding nature of their tenancy with you (existing or future), their LL, and that they should not be intimidated by anything the agent says to them.

                        I would also advise them (after the notice period ends with your agent) not to deal with the agent any further.

                        The agent has no interest in any of your properties, he is (was) simply a marketeer. It is helpful to you that there is no written agreement with the agent.

                        Keep your tenants onside, and advise them of their rights vis-a-vis the agent, and warn them of the agent's false statements and threats.

                        Comment


                          Self Managing advice

                          I'm considering self managing my rental property. I'm after some info on successful tenant referencing. If anyone has any suitable info I would be most grateful?

                          Comment


                            If you go to the home page of this site www.landlordzone.co.uk you will find a link to the information you require about tenant referencing and credit checking. Remember you can always use an agent to find you a tenant and then take over the management of your property once this is done. A good, reputable agent with a high street presence tends to put off the less accepable tenant from even trying to apply!
                            If you do this, please check the contract that the agent asks you to sign carefully, and delete any reference in the agreement to tenancy renewals. These are totally unnecessary.

                            P.P.
                            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                            Comment


                              I've used Letsure for some years now and am happy with their service.
                              But I've not tried other reference agencies to see how they compare.

                              http://www.letsure.co.uk

                              I meet the referencing costs if I accept the person/group as a tenant.
                              I do so as it gives me a small edge since there is a lot of competition in my area and many landlords offer properties that are of a similar quality to mine.

                              If the applicant(s) are declined by the agency or the applicant(s) pulls out before or after the reference report is provided, the referencing costs are met by the applicant (s).
                              I take monies upfront to facilitate this.

                              Good luck with your plan.

                              Comment


                                useless agent

                                Hi

                                I have been with my current letting agent for 3-4weeks now and they still have not managed to find me a tenant. I am getting quite anxious and am considering going to another agent. I had a look at my current LA's terms of business before asking them to act for me and it seemed fine. Everything so far has been verbal and i haven't signed any contract with them as yet. My question is if i do go to another agent and ask the present LA to stop acting for me -do i need to put this in writing or is verbally ok? Or is it ok to ask both to act for me and go with whoever finds me an appropriate tenant? sorry for going on but as you can probably tell i don't have a lot of LL experience

                                Comment

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