L ended Agency; is new Letting Agreement required?

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  • L ended Agency; is new Letting Agreement required?

    hi everyone, hope you're all keeping well!

    i am taking back one of my flats from an agent that was managing it

    do i have to issue them a new contract? or is the contract they signed with the agent ok?

    my name is not on the contract as landlord, its the agents name

    thanks

  • #2
    issue a new AST with the correct details - you as LL.

    Comment


    • #3
      thanks, can i adjust the old one, adding myself as landlord? with the tenants consent of course?

      Comment


      • #4
        one other question on this thread

        the agent threatened legal action for me taking the property back on short notice, i gave him a week notice

        me and the agent dont have a contract, it was just a verbal agreement between us, with no period given

        can the agent take any sort of action here?

        thanks

        Comment


        • #5
          Originally posted by WarwickGrad View Post
          hi everyone, hope you're all keeping well!

          i am taking back one of my flats from an agent that was managing it

          do i have to issue them a new contract? or is the contract they signed with the agent ok?

          my name is not on the contract as landlord, its the agents name

          thanks
          Hi, you do not have to issue a new contract if you don't want to (or indeed if the tenant doesn't want one, in which case you won't be able to). The original tenancy set up by the agents on your behalf carries on as before.

          You will need to make sure, though, that the tenant has an up to date address for service of notices (section 48, Landlord and Tenant Act 1987).

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          • #6
            hi preston

            are you 1005 sure i dont have to issue a new tenancy, with my name not being on the contract as landlord? on the landlord section, its only my agents name?

            reason i ask is that the tenant was in arrears and i may have to evict him!

            s21/s8 may not be possible if my name isnt on the contract! or is it possible somehow?

            ideally i dont want to offer new contracts otherwise ill have to wait 6 months before evction if required

            and whats (section 48, Landlord and Tenant Act 1987)? this is a new one for me

            thanks again

            Comment


            • #7
              you should issue a new contract if your name is not on the original one however if you need to evict him it might be difficult as (1) he may not want to sign a new contract and (2) if you get him to sign another one then although you set it for a one month contract a court will not look at granting possession until the 6 months has expired. I would seek further legal advice if I were you.

              please also be aware that you will need to re-protect any deposit held as the dates will be different.

              Comment


              • #8
                Originally posted by WarwickGrad View Post
                hi preston

                are you 1005 sure i dont have to issue a new tenancy, with my name not being on the contract as landlord? on the landlord section, its only my agents name?
                Yes. The key issues are a) do you own the reversion and b) was the agent acting on your behalf when they set the tenancy up? You have made (b) clear already I think. (a) simply means that you are the one entitled to possession of the property when the tenancy ends - in simple terms that you are the landlord.

                The agent has clearly made a mistake if they have put their name as landlord rather than yours. That is not helpful, but it doesnt change the facts.

                If you do sign a new tenancy then any arrears on the existing tenancy will become "former tenant" arrears and so cannot be used as a ground for possession on the new tenancy. (There is a possible exception to this, which would require a cleverly drafted clause in the new agreement saying that failure to repay the former arrears would be a breach of of contract under the new tenancy, but such a clause would require professional advice and, the last time I checked, reported cases on the enforceability of such clauses in possession actions had gone both ways - so there is a bit of risk.)

                So, my advice if you dont want to grant a further assured shorthold period is to clarify in writing that you are the landlord and always have been; ideally you should ask the tenant to sign to acknowledge receipt and understanding of the information.

                The section 48 notice is simply a letter which tells the tenant where they can serve notices on you e.g. a notice to quit. Whilst your agent was in charge this was probably their office. It is usual for the tenancy agreement to contain the section 48 information.

                I would guess that you now want the address for service to be your home address. You can change the address simply by telling the tenant in writing. Search on section 48 and you will find lots more information on this.

                Comment


                • #9
                  Why on earth did Agent not show L's name? By showing own name, Agent has become personally liable to T!

                  [I imagine that '1005' means '100%' but without a shift key change!]
                  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).

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                  • #10
                    Originally posted by jeffrey View Post

                    [I imagine that '1005' means '100%' but without a shift key change!]
                    Such imagination ! I feel inspired to write a poem.
                    All posts in good faith, but do not rely on them

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

                    You can search the forums here:

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                    • #11
                      hi all, hope u had a pleasant wkend

                      can i add my landlord name to the existing contract? is it permittable to tip ex out the agents name and add mine, with the tenant signing to show their approval?

                      is so, this would solve all my problems

                      Comment


                      • #12
                        No. An existing document should not be manually amended later-on.
                        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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