Tenants vacated early- property insurance/alarm problems

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    Tenants vacated early- property insurance/alarm problems

    Can anyone help on this one. My brother who lives in Canada owns a property which he rents thru an agent - fully managed. He has contacted ARLA and as yet they haven’t responded.
    He is 6 months into a one year contract and the tenants have decided to move out without notice and according to the agent have moved abroad. The strangest thing is they have completely emptied the house, but wish to maintain the tenancy and continue paying the rent until the end of the agreement in March 09. There is a gardener employed to do the garden who has advised that the house is empty.

    The problem is three fold the building Insurance becomes void, if the property is left alone for more than 30 days. The alarm company have informed me that the house has not been entered for 27 days - its linked into security of house.

    2nd problem - The tenants have made alterations to the plumbing of the house to allow them to have a hot tub in the garden this appears to be causing a major problem with a water escape, they have altered a few structural items of the property without any permission for example removed chimney liners and chimney pots.

    3rd problem - For the last 3 weeks my brother has requested that the agent visits the house to assess the water escape and remedy the problem. They have lost the keys that they were provided with to manage the house. My brother does not have a set.

    After 3 weeks of continuously asking the tenant for a key, the agents says that they have not replied to their emails. My brother is becoming extremely concerned as to the safety and well being of his family home. He has been informed by the agent that it is illegal to change the locks-even if he gives the tenant notice and provides them with a copy set?

    My brother has given the agent an ultimatum that he will have the locks changed and that they can then issue the tenant with a copy set of keys for when they do decide to visit the house.


    The agent is under full management contract (paid in full up front) and was furnished with 3 sets of keys- two for the tenants and one for them to use for inspections, maintenance and emergencies. They have mislaid the keys- or have given them to the tenants. Either way they no longer have a set to get into the house to carry out their quarterly inspections - part of their management terms of business.



    Where does he stand legally ? I am not looking to point the blame here, but feel it necessary to explain the full story in order to receive an accurate reply.


    #2
    Is this property in England/Wales?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Legal Way Forward

      Its in Kiln Green - Near Maidenhead

      Comment


        #4
        T is liable for rent to end of term, any extra insurance premium caused because property is vacant, and reinstatement of plumbing.

        A is liable if in breach of Agency Agreement, too, for L's losses flowing from that breach.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          I will forward your response to my brother in Canada. However think he may want to use the services of a solicitors who specialises in tenancy law. Can you email me your details or can you forward your details direct to my brother ? Email best due to time difference for time being.

          Comment


            #6
            I have sent you a p.m.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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