Letting Agent refusing to hande back my keys

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  • DPT57
    replied
    If all is as you suggest, I would change the locks, make sure I had a copy of the contract I signed, de-instruct the agent and invite them to take legal advice on whether they have a case to enforce this new termination clause.

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  • jpkeates
    replied
    Either you've agreed a notice period or you haven't.
    And the agent can either prove it or they can't.

    There does seem to be some bad faith on both sides, which means the relationship is already damaged.
    Originally posted by DaveSmith View Post
    When she moved out I told the agent that I was having thoughts about selling the property and was going to have a thing about things going forward.

    Regardless, they put the flat back on the market. Yesterday I secured my own tenant (awaiting vetting etc) so I emailed the agents this morning to tell them that I'd be over to collect my keys.

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  • Beswick
    replied
    Originally posted by DaveSmith View Post
    Regardless, I'm going to buy a cylinder at lunchtime and fit it after work and then get the fobs turned off.
    I'd take the day/morning off work and do it ASAP, just in case the agent looks at these forums ...

    Leave a comment:


  • DaveSmith
    replied
    The contract that they sent over for the first time was a Docusign product and has the document number at the top. I know you can check the history of a document from their site so when it was sent, when it was opened, read, signed, returned etc.

    As they've never sent me this before, it's up to them to prove that they have and I wouldn't put it past them to doctor that either.

    Regardless, I'm going to buy a cylinder at lunchtime and fit it after work and then get the fobs turned off.



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  • BTL investor
    replied
    In that case I would have no further communication with the agent, I would get the lock changed, get the fobs disabled (I’m assuming you can get replacement fobs for your new tenant?) and go ahead with your own plans. If the agent wants to hold you to this contract then you have a valid reason to not use them anymore....... they allowed a tenant with a dog in to a property where dogs aren’t allowed.

    Leave a comment:


  • Hudson01
    replied
    You need to see this contract they say you have agreed too and how exactly you have agreed to it !!! Is seems very odd indeed that you can not have your own preferred tenant to have YOUR property, what a strange affair that is. I would be inclined to do as you say and change the lock and the code and let them keep the keys as a present.

    Leave a comment:


  • DaveSmith
    replied
    The agent was aware but didn't say anything to me or check with the building management company!

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  • BTL investor
    replied
    You say you weren’t asked if it was ok for the tenant to keep a dog but you don’t say if the agent was aware that the tenant had a dog. Only yesterday somebody was posting on here asking if it would be ok to keep some rabbits without the landlord knowing and hide them in the shed when the landlord comes round so it might be that your tenant didn’t mention the dog to the agent.
    As far as the contract is concerned I can’t give any advice on that I’m afraid.

    Leave a comment:


  • DaveSmith
    started a topic Letting Agent refusing to hande back my keys

    Letting Agent refusing to hande back my keys

    Hi all, bit of advice please.

    I've been renting a flat with a city centre estate agent in Birmingham since 2014 and by and large, there haven't been any problems. My old tenant left gave notice at the start of June and left on July 1st.

    The agent found someone who moved in straight away but an old neighbour called to say this person had a dog. There is a covenant that states no dogs allowed in any of the flats so I told the agent and the tenant left the next day. Note that I wasn't even asked if it was ok for the tenant to keep a dog at the property (I wouldn't have allowed this).

    When she moved out I told the agent that I was having thoughts about selling the property and was going to have a thing about things going forward.

    Regardless, they put the flat back on the market. Yesterday I secured my own tenant (awaiting vetting etc) so I emailed the agents this morning to tell them that I'd be over to collect my keys.

    They responded with a contract which stipulated that I had to give them six months notice of intent to break the contract. Now this was the first time I'd seen this document, it was dated April 2019 so I checked my emails and physical paperwork and didn't find anything (I would have remembered that stipulation anyway). They also told me they had secured a tenant too.

    My friend called them at lunchtime to ask to view the property and they were happy to show them around the property which was STILL available which suggests that they were lying.

    I then called them after work and told them enough is enough and that I would be wanting the keys tomorrow. The owner took the phone from the agent and was quite rude in that he wouldn't let me finish a sentence. The highlight was him telling me that if I came over tomorrow, he'd make me a cup of tea and talk to me about being respectful!

    What should I do now? I was gonna pop over tomorrow to allow another viewing for the tenant I've found and could quite easily buy a £9 cylinder to chance the lock and I can get the electronic fob for the front door and car park disabled by my old neighbour.

    Thoughts (sorry about the War & Peace effort above)?

    PS. My neighbour told me that 5 or so people viewed the property this evening so it's probably the case that they have now secured a tenant though I'd rather go with mine.

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