if tenant gives notice but then reconsiders

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    if tenant gives notice but then reconsiders

    hello my letting agent has informed me my tenant does not want to renew. i contacted the tenant and was told the letter they received from the letting agent was an ultimatum to accept increased rent or else leave, whilst i requested letting agent to open up negotiations. this was a let only agreement,

    the tenant would stay on terms i negotiated with them directly .. thus do i need to include the letting agent .. are they allowed to claim their fee ... the terms mention their tenant residing in the property

    i thought by giving notice the agreement was terminated ..

    but from reading the forum it seems that if in 5 years the tenants came back to rent the property directly the real estate could claim money as they introduced them ...

    #2
    Originally posted by selondon View Post
    ..............i thought by giving notice the agreement was terminated .....
    Sorry but I'm old & not very bright and confused: WHO (landlord, agent, tenant) gave WHAT notice (NTQ, S21, S8..) to WHOM, please??

    Was this a boring typical AST & has the fixed term ended?

    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
      letting agent asked tenant if he wanted to renew on new terms .. tenant said no and gave notice they would be leaving property at the end of the contractual period

      yes ast ... fixed term period finishes in 2 months

      Comment


        #4
        Any notice a tenant gives to leave during fixed term has no legal effect: If he stays an periodic tenancy continues (as per HA 1988 s5) regardless of agent or landlord not wanting it to.

        A tenant does not need to give any notice at all to leave before the end of the fixed term (though it's polite to do so..)

        Nothing to stop you serving s21 (are you confident it would be valid - and what date did tenancy start) but an s21 does not end a tenancy nor require a tenant to leave. For typical eviction timescales see here..
        http://www.landlordzone.co.uk/forums...ess-statistics

        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


          #5
          Depends on terms of your agreement with the letting agent.

          When I do a "tenant find" via an agent I ensure that there are no charges beyond the initial charge (and look out for charges if the tenant buys from you later).

          Comment


            #6
            Tenants have the right to stay regardless of any landlord/tenant agreement.

            Unless you have some authorities?
            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


              #7
              Originally posted by theartfullodger View Post
              Tenants have the right to stay regardless of any landlord/tenant agreement.

              Unless you have some authorities?
              On the assumption that this was at my previous post:
              1. I was responding to the OPs qestion about "does he still have to pay the letting agent"
              2. I agree that tenants have the right to stay until evicted by bailiffs, but they are liable for landlord's costs if they do not vacate by the end of the notice period of a valid notice served by landlord or tenant.

              Comment


                #8
                Apologies (1)

                At discretion of judge (2)
                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


                  #9
                  If the tenant gave valid notice, the tenancy ends when the notice expires.
                  It doesn't sound like they did give valid notice, though.
                  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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