Landlord switching from agency to self managed - rules?

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    #16
    Originally posted by xaviercat View Post
    I also don't know who we're supposed to pay rent to - the agency until the end of the fixed term or switch to the landlord?
    Simple, don't. Until one of them comes along and tell you (in writing) who and how you're supposed to pay it.

    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.

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      #17
      Thanks, Sam. I don't actually think we have an inventory (long time renters - we have been in the property close to 8 years) but I think that is actually something that I can request via the agency. I am assuming the keys through the postbox method will be the one requested...

      Have you ever switched means of collecting rent mid-tenancy? That's one I don't know how to deal with. In truth, everything else seems straightforward.

      Lets see if the landlord takes over the self management appropriately or if we'll need to get out the template letters.

      Comment


        #18
        Originally posted by KTC View Post

        Simple, don't. Until one of them comes along and tell you (in writing) who and how you're supposed to pay it.
        I've heard this advice as well. I know that we'd need to save it somewhere, it's not free money, but I'm loathe to fall into hostile ground quickly. If the landlord doesn't come back with anything by the time of next payment (which this month's has already departed as we just didn't know what to do so he can hash it out with the agency) we'll likely hold the monies until instructed otherwise.

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          #19
          Hi Everyone,

          I wanted to resolve this topic out in case someone comes along with the same issue - what we decided to do was move. To us, it wasn't worth the hassle of the switch and as we did not have the best relationship with the landlord to leave things be and go before things could have gotten considerably worse. Of course, we're now arguing over the deposit - but that's another post!

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            #20
            What did you do with rent due?
            Did you provide valid Notice to vacate? To whom?

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              #21
              We paid rent through to end of the term to the agency. We figured they could sort that part out and we wouldn't fall into arrears. The contract itself stated this was the process, it was only the management (ie the fixing of things) that had moved.

              Our contract stated no notice had to be provided - we sent them an email as courtesy.

              This whole experience has, at best, been crummy but a lesson learned. For the landlords reading - please communicate regularly with your tenants and save everyone a lot of grief!

              Comment


                #22
                What Notice did you provide & when?
                TA's do not have to spell out if/when Notice is reqd.

                Comment


                  #23
                  Hi mariner - we provided email notice out of courtesy to the landlord. We agreed a check-out date which the LL was supposed to attend due to our length of tenancy (and lack of check-in reports and hopes of a quick resolution), but did not (for one reason or another - we got several texts pushing for a later and later meet-up that eventually got unreasonable). We did, however, attend a check-out with an unbiased third party, per the request of the agency, to show we were out of the property and we exchanged keys. We even returned another set of keys that came to us late by a pet sitter which we gave to a pre-assigned contact with the old property. So, all-in-all we are actually done and dusted. Save for the deposit - which is a whole other post!

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                    #24
                    Bet you a pound that one of two things will happen;

                    1. The agency still holds the deposit and won’t be able to do anything without the landlord’s consent. Landlord goes quiet indefinitely.

                    2. Regardless of who holds the deposit, the landlord will claim for things he has no chance of winning at ADR.

                    Get the proverbial timer going now by requesting your deposit back in full from whoever holds it.

                    Comment


                      #25
                      I started another thread on this because we've gone into a mess. We waited for 'deduction costs' from the landlord for 30 days. After which we made the decision to go to ADR because we were over it. The letting agency holds the deposit and by what we believe happened they agreed to the ADR. the required 10 days pass and no evidence was submitted so we anticipate possible default ruling as the ADR group stated they were satisfied with the contributions given. So we thought all was okay, we'd all move on with our lives when the landlord physically turns up and tells my husband he had no knowledge of the ADR until only a few days before evidence was due. He said he will dispute. He then starts asking my husband for 'numbers.' Hive mind - has anyone experienced a situation where the process of ADR commences and the LL suddenly has a change of heart?

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                        #26
                        Let the landlord do what they want.
                        The protection agency will either allow it or not (I'd guess they'll allow it, but that is a guess).

                        Then it'll be decided by the arbitration process.

                        It would help everyone if the protection companies enforced their deadlines, but they're extremely inefficient and don't seem to be able to get their act(s) together.
                        Or they think that if they're zealous it will drive business to their competitors.

                        Given the low interest rates, it must be very hard for them to make any money.
                        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).

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                          #27
                          So I checked the documentation and the ADR noted their decision as binding. The case, itself, was updated with an end date of today - so I'll update when I know more tomorrow as we might have a decision or the LL found a way to decline the ADR somehow.

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                            #28
                            The LL can decline ADR

                            Comment


                              #29
                              I understand a LL can decline ADR, what I don't know is if there is a point of no return as the ADR had been approved to proceed when he approached my partner.

                              We are here in the process: "The Casework Scrutiny manager is satisfied that all the information the adjudicator needs to reach a decision is present. We are now arranging for the case to be sent to an adjudicator." (Actual words from the submission portal.)

                              My assumption is the LL paid no attention to the notices and then, realising what those notices were, proceeded not to act until - possibly - 2 to 3 days (depending on where you place the close date) AFTER point of evidence submission. My understanding is you can't ignore ADR just like you can't ignore a court summons or the ruling could default/go to summary judgement.

                              The LL stated later he'd 'called them (I don't know who 'them' refers to) and said we were still negotiating. So my question - if anyone knows the answer to it - can you back out of ADR at any point?

                              Comment


                                #30
                                Hello! So with the LL turning up physically and stating things I had to call TDS because it's really confusing (let alone distressing). Here's what I know so that you know:

                                1. The LL has basically claimed he had no knowledge of the ADR request and TDS confirmed that the communications line (which apparently goes from LA to LL in this case) had been broken. As such:
                                2. The LL has until Monday (20th of August) to upload materials/evidence or state he refuses ADR.

                                Right... so let's say he refuses ADR. We can then:
                                1. Try to settle.
                                2. Go to the courts.

                                We can reopen ADR through 29th September - or three months after end of tenancy (basically). If this lapses we only have options 1 and 2 above.

                                If the LL lapses in response /choses not to respond on ADR from Monday then ADR continues.

                                With the floorboards and smell - here's the thing - they've had A LOT of workers in the house. We have no idea what they are doing. We haven't had a quote. We haven't had anything given to us to have a reasonable discussion. All they do is say things and I have a small bit of email saying it was a potential issue. That's why we went to ADR - we hoped it would force documentation - we hoped it would force a sensible conversation. That's why we did what we did.

                                So there's where we stand. I'll update the post on Monday.

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