Tenant exiting early - Letting Agent wants new appointment terms agreed

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    Tenant exiting early - Letting Agent wants new appointment terms agreed

    Tenancy was due to end in June next year, they are leaving in Feb. There is no break clause so tenant is liable for the rent until new tenants move in. According to the existing appointment letter, the agent has the right to remarket until June.

    The agent is proposing to remarket for a 1 year tenancy with a 6 month break clause. They are also saying a new appointment letter needs to be re-agreed before they can re-market. All the fees have gone up but more to my point, I want my property back asap.

    As far as I can see, the existing appointment letter should still be in effect until the end of the agreed tenancy period. The agent disagrees and is chasing me to re-agree the terms. I don't want to be roped into letting out my property longer than I need to. There is also a hefty fee I would have to pay them to take the property off the market before June. Advice please?

    #2
    Instruct tenant to make any future payments to you direct TODAY, in writing!: You don't want agent holding your money....

    Simply decline to pay agent: If they wish to sue you they can, they'll probably lose but just might win: (Difficult to give a better view with seeing the full text - please don't post - of your agreed terms with agent & a view inside whichever judge's brain that takes the case).
    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
      Hang on. Who has appointed who?
      The agent has no right to dictate what you do with your property. It may be that you have engaged them to manage your property until June, but they have absolutely no contractual interest in it after that time. They cannot dictate to you that they will retain your custom afterwards.
      This is why agents have such a bad reputation.
      If the exiting tenants have accepted liability up to June, you will have a fully managed and paid for void property. After that, you get new tenants via another agent (or your own legwork).
      Alternatively, you can instruct your agents to let on a six month tenancy only, making it clear that you will NOT be working with them after that time. You make it part of YOUR agreement that they will hand over all documentation on the final day.
      There isn't a Judge in the land that would agree to an agent extending a contract against the wishes of a landlord. Not after a pre arranged contractual expiry date.
      I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

      Comment


        #4
        Originally posted by stomperem View Post
        Tenancy was due to end in June next year, they are leaving in Feb. There is no break clause so tenant is liable for the rent until new tenants move in.
        No, the tenant is liable for the rent (council tax and utility bills etc) until the end of the fixed term.
        You have no need to mitigate your losses and the tenant may need to make frequent visits in order to avoid breaking their tenancy agreement.

        You need to check what your landlord insurance and any BTL lending terms say about the property being empty.

        Without a formal deed of surrender, you can't relet the property as the tenant's agreement is still valid and binding on you both.

        According to the existing appointment letter, the agent has the right to remarket until June...They are also saying a new appointment letter needs to be re-agreed before they can re-market. All the fees have gone up but more to my point, I want my property back asap
        The agent can't have it both ways.
        They can't hold you to an agreement that says that they are entitled to market the property but that they will only do so if you sign a new agreement - any agreement signed in that situation is probably invalid (tell them to google "economic duress")
        I'd offer to roll up the new agreement so they don't hurt themselves too much when they shove it.

        If it was them who told you the tenant was liabke until a new one is found, they are not giving you good advice and are breaching their duty to you as their principle.
        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
          Originally posted by jpkeates View Post
          Without a formal deed of surrender, you can't relet the property as the tenant's agreement is still valid and binding on you both.

          The agent can't have it both ways.
          They can't hold you to an agreement that says that they are entitled to market the property but that they will only do so if you sign a new agreement - any agreement signed in that situation is probably invalid (tell them to google "economic duress")
          I'd offer to roll up the new agreement so they don't hurt themselves too much when they shove it.

          If it was them who told you the tenant was liabke until a new one is found, they are not giving you good advice and are breaching their duty to you as their principle.
          The agent had the tenant sign a Early Termination Notice which means they can remarket the property however the tenant is still liable for the rent until the original tenancy end date or when a new tenant moves in. I know the agent is remarketing anyway-I can't stop them from doing that unless I instruct them to take it off the market (in which case I'm sure I'll be billed for doing so.) Your logic does make sense, they can't have it both ways. I can't see how they can force me to sign the new agreement?

          Comment


            #6
            The agent can't do anything without your consent/permission.

            There's no such thing as an Early Termination Notice (they've invented a new thing).
            Even if they're successful in letting it to someone else, they need to end the first tenancy in order to commence the second before the first one ends.

            Tell them clearly that you don't intend to sign any new agreement with any new charges or increased fees and that they may not enter into a new tenancy agreement without your explicit consent in writing - which won't happen until the issue is resolved.
            Whether they continue to market the property is up to them.
            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


              #7
              Thanks everyone for your contributions. The update is that I've repossessed the flat as I need to move into the property. Therefore my problem seems to be resolved.

              Comment

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