Letting agents and sub-tenants problems

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    #16
    Letting Agents

    Hello, further to my last post: Our property is currently with a letting agent and we took out what was their platinum scheme which gave us a fixed income should the property be occupied or not by a sub-tenant of their choice.

    For the first 18 months, this proved almost satisfactory, we had a few problems with the 'kickback' culture, they had a couple of different tenants who we assume paid them, but recently we made an inspection of the property (which took some doing to arrange). Our fears were justified and we found the property in very poor order, much damage (malicious), filthy and in need of complete re-decoration.

    As part of this 'platinum' scheme, we were informed that any and all problems would be rectified and that as their sub tenant was also a client of theirs, they would arrange for him to do the work. He had given notice to leave at the end of July and so with only 3 months remaining of the 12 month agreement, we had a mutual agreement to end the tenancy with the letting agents early (they said that this was possible in the last 3 months of any tenacy). In the meantime, the sub tenants would make good all the repairs and put the property back into a proper condition.

    We expected to get the property returned to us at the end of July, but the letting agent informed us that their sub tenants new property was not ready and they would have to remain another week. We waited, but no return of property, at which point the letting agent let slip that they had not actually completed the repairs and they would let us know when their sub tenant would vacate and we could have the property back. They did go to great lengths to point out that as we were 'platinum' clients we would continue to be paid pending their sub tenants moving out.

    As you can imagine, we have not received a penny and the letting agent will not communicate with us. They are now over 3 weeks behind with their payments.

    They have consistantly hidden behind the 'housing act' as reason why they cannot remove their sub tenant, and they must wait for them to hand the keys back, frustrating yes, but given this we felt powerless to do anything but wait. We were consoled by the letting agent by promises of them to continue making payments, but this has simply not happened.

    We do intend to make a formal complaint and take this to the ombudsman and if necessary trading standards, but we really would like our property back. We know that we may be advised to seek legal re-course with the letting agents, but in the meantime given the fact that the letting agent has clearly broken their contact with us and that we suspect that their sub tenants have already vacated, what are our legal rights in this matter? Thank you

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      #17
      Who is the named tenant on the tenancy agreement (you do have copies yes)?? The actual occupants or the letting agent....
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #18
        What do you mean by"They won't communicate with us"?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #19
          Two related threads have been merged.

          Winktype, if you keep raising new threads on this issue, people will keep asking the same questions, and you will be wasting their time. So, stick to this thread please.
          I also post as Mars_Mug when not moderating

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            #20
            Hello,
            I'm not trying to confuse anyone here, just a retired couple who seem to have landed in the brown stuff! Our tenancy is with the letting agents (only), but they appear to be hiding behind the 'housing act'?

            All we want is our property back and never get involved with this type of company again. Sorry if we appear a little naive, but then again I'm a retired graphic designer, not a laywer. We just want our property back. Where do we stand legally?
            Last edited by winktype; 07-09-2012, 18:20 PM. Reason: not finished

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              #21
              Sorry to hear of your problems: me & the wife are retired also...

              This may be tricky & I repeat my earlier advice. ..


              OK. You appear to have a commercial, non-AST, tenancy with agent. You need in first instance to give notice to them. Probably get their tenancy ended, probably through courts, then worry about occupants.

              What was the end date of the tenancy between you & agent??

              You need I suspect SPECIALIST legal advice who understands this sort of (normally very) inadvisable setup from a landlord/tenant specialist solicitor.

              Do you have copies of both tenancy agreements - you&agent, agent&occupant??
              So, to repeat, you (owners, landlords..) need to give formal notice to your tenants (the agents...) and then follow that up with court action to gain a possession order against them, the agent. I think (hopefully someone else will be along soon..) that the agent's tenant, the occupiers, if still there, then become your tenants (after you have "evicted" agent..) and you may need to evict those occupants also.. But PLEASE get specialist legal advice from a solicitor who understands LL/tenant law (not all good, nice, high-street solicitors do...).

              I would also ask (in writing, keep copy) for copies of all & any documentation regarding the occupant's tenancy from the agents..

              Hope it works out, best wishes....
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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