Is private renting after contract ends illegal?

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    Is private renting after contract ends illegal?

    Dear LandloardZONE users,

    I have a real issue here because my current agent was not as ideal as I first thought they would be - they have such high commissions, makes so much problems/mistakes, additional charges and so late in getting things done etc.

    The contracts with my tenants will end in April, they are lovely tenants and do hope they continue to rent.

    My question here is, is it illegal or will I be in trouble IF we detach ourselves from the agents and I just go on to rent the house to them privately.

    I do apologise if my terms I used are incorrect or hard to understand, if so please ask any questions. I'm new to the estate market and am trying to seek some advise =]

    thanks in advance!

    BoN

    p.s: sorry if this is in the wrong section, am new to the forum

    #2
    Originally posted by propertyhelp View Post
    Dear LandloardZONE users,

    I have a real issue here because my current agent was not as ideal as I first thought they would be - they have such high commissions, makes so much problems/mistakes, additional charges and so late in getting things done etc.

    The contracts with my tenants will end in April, they are lovely tenants and do hope they continue to rent.

    My question here is, is it illegal or will I be in trouble IF we detach ourselves from the agents and I just go on to rent the house to them privately.

    I do apologise if my terms I used are incorrect or hard to understand, if so please ask any questions. I'm new to the estate market and am trying to seek some advise =]

    thanks in advance!

    BoN

    p.s: sorry if this is in the wrong section, am new to the forum
    You need to look at the Terms and conditions contract you signed, or that they gave you when you started. There may be a fee payable to end the contract before a certain time.

    If you can show that their mistakes have been serious enough to have lost you money or show that they have breached important clauses of you agreement, you could negotiate a separation without penalty.

    You can walk away from them and refuse to pay, but they may take you to court for the money they think they owe you. So you need to be to defend your actions by showing they are unfit or have lost you money

    ALso see http://www.naea.co.uk/uploads/COP/Co...aclettings.pdf for the agents code of practice.
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

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      #3
      thx for such fast response =]

      but i think there's some confusion. I'm not going to end the contract before its signed date, what I meant was, when the contract ends on its official date i.e. April. Is it possible to cut out the middle-man, in this case the agent, and just continue renting it privately with the tenants? or am I breaching any laws...

      or form what you've stated, its different in every case depending on the agents?

      thanks again

      BoN

      Comment


        #4
        Originally posted by propertyhelp View Post
        thx for such fast response =]

        but i think there's some confusion. I'm not going to end the contract before its signed date, what I meant was, when the contract ends on its official date i.e. April. Is it possible to cut out the middle-man, in this case the agent, and just continue renting it privately with the tenants? or am I breaching any laws...

        or form what you've stated, its different in every case depending on the agents?

        thanks again

        BoN
        Yes it can be different for every agent / agreement. You need to read the agreement you signed when you joined the agency.
        The agreement could have a clause to say that you have to keep paying the agent until the tenant they put in, is still a tenant.

        Comment


          #5
          Bel's is talking about the contract between the landlord and agent, you, Propertyhelp, are talking about the tenancy agreement. There are two contract here.

          Bel's advice is good for the terms of business. Additionally, Foxtons and the Office of Fair Trading are awaiting a judgement in a case with some similarity to yours about if the agent can reasonably charge a renewal fee if they do no work for the a management or renewal (and you sound like you intend to take the whole thing back from them).

          You can do nothing with the tenancy agreement and it will legally run onto a periodic, assuming it was an assured shorthold tenancy. Alternatively you can grant another tenancy altogether.

          Two contracts different answers.

          Comment


            #6
            Originally posted by David TFP View Post
            Bel's is talking about the contract between the landlord and agent, you, Propertyhelp, are talking about the tenancy agreement. There are two contract here.

            Bel's advice is good for the terms of business. Additionally, Foxtons and the Office of Fair Trading are awaiting a judgement in a case with some similarity to yours about if the agent can reasonably charge a renewal fee if they do no work for the a management or renewal (and you sound like you intend to take the whole thing back from them).

            You can do nothing with the tenancy agreement and it will legally run onto a periodic, assuming it was an assured shorthold tenancy. Alternatively you can grant another tenancy altogether.

            Two contracts different answers.
            Yes. Also, it's not 'illegal' (in terms of criminal law) anyway; the worst-case scenario would merely be that A claims breach of contract.
            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


              #7
              Originally posted by David TFP View Post
              Bel's is talking about the contract between the landlord and agent, you, Propertyhelp, are talking about the tenancy agreement. There are two contract here.

              .
              Yes; sorry about confusion. I could have explained it better

              Letting Agents have a set of Terms and Conditions or a contract that you sign when they market your property. You are bound by those conditions .

              If they did not give you their Terms and conditions document or you have not signed a contract, then you should be able to end your use of their service without penalty.
              All posts in good faith, but do not rely on them

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              You can search the forums here:

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