Cancelling Company Guaranteed Rent Agreement

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    Cancelling Company Guaranteed Rent Agreement

    Hi,

    I have an agreement with a Guranteed rent/ room let company who are in two months rent arrears and I am considering cancelling our agreement.

    Can someone please tell me what my position is with regards to the tenants who currently occupy the property? I read on another posting that the tenancy agreement passes to me under s18 ha 1988. Is this true? Obviously I have no direct relationship currently with the tenants, although need to decide whether I want VP. Not all the rooms are let and I understand the tenants are all on one AST with the company.

    Thanks

    #2
    Whether or not you can "cancel" the agreement or not probably is going to be contained within the text of your agreement.
    I would use a professional, as you want to remove the occupants at the same time as ending the agreement with the company.

    Otherwise they essentially become your problem.
    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


      #3
      Originally posted by Nelly30 View Post
      Hi,

      I have an agreement with a Guranteed rent/ room let company who are in two months rent arrears and I am considering cancelling our agreement.

      Can someone please tell me what my position is with regards to the tenants who currently occupy the property? I read on another posting that the tenancy agreement passes to me under s18 ha 1988. Is this true? ...........
      Seems pretty black & white to me....

      http://www.legislation.gov.uk/ukpga/1988/50/section/18
      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


        #4
        Thanks both for your input

        Comment


          #5
          Property was actually sub let on individual AST's.
          Does these mean I have to pay a Court Fee for each one? Or can I group all together as one claim as s21 notices all served at same time?

          I suspect the former which will be a massive further financial commitment.

          Thanks

          Comment


            #6
            Originally posted by Nelly30 View Post
            Hi,

            I have an agreement with a Guranteed rent/ room let company who are in two months rent arrears

            An oxymoron if ever there was one.

            Every time we re-market a property, we always get approached by this type of company offering this service. Looks attractive on the face of it but then dig deeper and the wheels come off.

            I have no doubt there will be a few genuine companies offering this service. But I can only advise anyone else considering it - tread cautiously

            Comment


              #7
              security2,

              Completely agree. An agent recommended this company but it's now costing me £thousands to sort the mess. Never again!

              Comment


                #8
                Originally posted by Nelly30 View Post
                Does these mean I have to pay a Court Fee for each one? Or can I group all together as one claim as s21 notices all served at same time?
                You can't serve a s21 notice to someone who's not your tenant.....
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Originally posted by KTC View Post

                  You can't serve a s21 notice to someone who's not your tenant.....
                  Please see earlier posts, in particular from theartfullodger. Have served s48 prior.

                  Comment


                    #10
                    Nelly: How do you think the agreement (presumably tenancy agreement?) between you and the company has been ended? Assuming this is a tenancy agreement between you & company, which permits company to sublet to humans, then until that agreement between you & the company has been ended (probably requiring court action) you are not the landlord. s48 (and s3 probably..) or not.


                    In a previous post, different thread, you referred to managing a property on behalf of a landlord.

                    Do you, Nelly, as "Nelly" (rather than a company) own the property in this thread and are registered with Land registry as owner, please?
                    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


                      #11
                      You can't simply acquire the tenants by serving a s48 notice.
                      There's nothing you can do to end the tenant's contracts with the company who are your tenant.

                      If you want to go that route, you would have to first end the company's tenancy, at which point the occupants become your tenants.
                      But that's not the best route.

                      Your s48 notice is not valid and will cause a lot of confusion.
                      it provides the company with a good defence to any action you now take as you've now told their tenant not to pay rent to them.

                      I would suggest that you take proper legal advice before doing anything to make the situation worse.
                      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


                        #12
                        Nelly:

                        Please don't PM me with replies to this thread.

                        If you want help (you need it, oh you need it,..) post your queries in this thread....

                        Sigh!
                        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

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