Is this legal and what rights do i have ?

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    Is this legal and what rights do i have ?

    Hello

    Im a landlord of one property and a tenant on the other property so i can see issues from both sides. On the property where im a tenant i gave my landlord 2 months notice and he accepted ( i have been on a statutory periodic for 5 yrs now rent always paid early if anything and property condition better than when i moved in ) My landlord accepted and sent me a section 21 2 agents came round and did a few pics (property already had an epc). 3 wks after giving notice with no viewings have taken place i told landlord i wanted to stay at the property he said no problem we could go back to statutory periodic as before . Then he said the one agent had a person to view property and that i was to allow agent to let person view. I wasnt happy about this but i stayed in and even cleaned property more than usual my home like a show home. After waiting all morning agent cancelled half an hour after supposed viweing . I let landlord know and he said that if i could email him that i wanted to carry on as before he would send a letter of confirmation an we would go back to before and there would be no more viewings. Fine i thought then a few days later landlord rang to say the one agent had said fine property off the market but the other agent the one who had made the supposed viweing said no landlord has to pay him £150 ( for some crap dark pics even landlord said pics were crap )
    Landlord said that agent wont charge him if i allow the viewing to take place . Spoke to agent who then said he has 2 viewings and that if he finds a tenant for a yr that is better than me even though i have an agreement with the landlord. Landlord texted me to say take no notice of agent i can stay another 3 mths , 6 mths a yr etc.
    Agent is being a complete a******* and the property is still on their website as available in a mths time even though i have paid rent until 6th of next mth .
    So where do i stand legally on this can an agent really charge someone £150 to take a property off the rental market and i have an agreement with landlord to stay as before so what the hell is the agent doing advertising it as available a mth from now ( btw the particulars on the listing regarding rooms are incorrect )

    advice please

    thanks

    #2
    The agent has no right to force you to allow viewings, just refuse him entry, it's your home. Whether the agent has any comeback on the landlord is another matter.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Originally posted by EmmaJ View Post
      On the property where im a tenant i gave my landlord 2 months notice and he accepted
      Your notice irrevocably ends your tenancy on the date of notice expiry. You cannot 'withdraw' the notice, and the LL can't 'unaccept' the notice, either.

      My landlord accepted and sent me a section 21 ... 3 wks after giving notice with no viewings have taken place i told landlord i wanted to stay at the property he said no problem we could go back to statutory periodic as before .
      Therefore, you can't go back to a statutory periodic tenancy after your notice expires. If your LL is willing to grant a new tenancy, it would either be a contractual periodic tenancy or a fixed term tenancy (whatever you two agree).

      Landlord said that agent wont charge him if i allow the viewing to take place .
      So let the agent do a pointless viewing if it gets the LL off the agent fee...(though I don't see how it would). It's not that big a deal, to allow a viewing or two.

      Spoke to agent who then said he has 2 viewings and that if he finds a tenant for a yr that is better than me even though i have an agreement with the landlord. Landlord texted me to say take no notice of agent i can stay another 3 mths , 6 mths a yr etc.
      The agent cannot force the LL to accept an alternative T. As the LL says, take no notice of the agent. However, I would say it's advisable to get the new contract signed with the LL.

      Comment


        #4
        Originally posted by westminster View Post
        Your notice irrevocably ends your tenancy on the date of notice expiry. You cannot 'withdraw' the notice, and the LL can't 'unaccept' the notice, either.


        Therefore, you can't go back to a statutory periodic tenancy after your notice expires. If your LL is willing to grant a new tenancy, it would either be a contractual periodic tenancy or a fixed term tenancy (whatever you two agree).
        P.S. you should tell the LL this. He will need to re-protect any deposit you paid against the new tenancy or he will be in breach of deposit protection law.

        Comment


          #5
          Is it legal for a letting agent to charge £150 to take a property off the market ?

          If the landlord has said to me to ignore the agent and i have this written down then can an agent market a property ?

          If the landlord has been lying to me i have proof of what he has said and he decides to take a new tenant on is this legal ? as i now have a verbal contract and what he has said by texts

          Personally i think the agent a parasitic leech and yes its an imposition to come and do viewings first there was one who didnt show now there are 2

          Comment


            #6
            Originally posted by EmmaJ View Post
            Is it legal for a letting agent to charge £150 to take a property off the market ?
            It's not your problem. The fees between agent and LL are entirely a matter between them and nothing to do with you.

            If the landlord has said to me to ignore the agent and i have this written down then can an agent market a property ?
            Yes, if the LL has instructed him to market the property.

            If the landlord has been lying to me i have proof of what he has said and he decides to take a new tenant on is this legal ? as i now have a verbal contract and what he has said by texts
            The LL cannot grant two tenancies for the same property. A verbal contract is valid but, as I said, it's advisable to get things in writing.

            Personally i think the agent a parasitic leech and yes its an imposition to come and do viewings first there was one who didnt show now there are 2
            Frankly, you come across as unreasonable and aggressive.

            You have served a notice which irrevocably ends your tenancy. You've now changed your mind.

            You need to deal with it by agreeing a new tenancy, not taking issue about an agent wanting to conduct a couple of viewings that the LL understandably instructed him to do before you changed your mind. Sure, you've now changed your mind, but you need to take on board the fact that events were set in motion because you served notice to quit.

            Be happy that the LL has agreed to to grant a new tenancy instead of treating you as a trespasser and applying for a possession order.

            Comment


              #7
              Lets get this clear agent has arranged viewings after LL was told i wished to stay . LL told me all i needed to do was send him a letter which i did and he confirmed receipt of it as well as speaking to him and verbally confirming it.

              It is people like you which give LL a bad name and make them universally hated by the general public and yes im a landlord as well sorted my problem out with tenant without going near a court .

              People come on here for a bit of advice and they get this kind of treatment i wont bother again !!

              You are a disgrace take a look at yourself

              Comment


                #8
                Just because you don't like what you are told doesn't mean you can throw your toys out of your pram. Not everyone on here is a landlord, and if you are then perhaps you should pay attention to the facts being given about tenancies so that you don't get it wrong yourself.

                You ended the tenancy and that cannot be withdrawn, even by the LL accepting your withdrawal. You now need to start a new tenancy but it doesn't have to have a fixed term. Whether or not the agent can charge the LL is completely between the two of them and whatever it says in the contract the LL signed. You've no idea whether the LL is telling the agent the same as they are telling you so insulting estate agents is immature. I'm sure they don't want to waste their time and have a living to make, but they aren't going to take a tenant's word that the property is no longer available. It's up to you whether you allow any viewings but then you take the risk of upsetting your landlord if they've asked you to do so, therefore it's a choice for you to make.

                Comment


                  #9
                  Originally posted by EmmaJ View Post
                  Lets get this clear agent has arranged viewings after LL was told i wished to stay . LL told me all i needed to do was send him a letter which i did and he confirmed receipt of it as well as speaking to him and verbally confirming it.

                  It is people like you which give LL a bad name and make them universally hated by the general public and yes im a landlord as well sorted my problem out with tenant without going near a court .

                  People come on here for a bit of advice and they get this kind of treatment i wont bother again !!

                  You are a disgrace take a look at yourself
                  westminster is one of the most respected advisors on this forum, with 12660 well-reasoned posts since 2009, and I believe a l'eagle and LL to boot. You are both a T & LL, with little understanding of T legal obligations. Most reasonable LLs will often take line of least resistance with T to avoid unnec Court action but many end up there anyway, courtesy of their T.
                  In this case,your NTQ is irrevocable in Law. Changing your mind just highlights a T that may change it back in 3 months and tell LL s/he has already served 2+ months Notice. The persistent instructed agent may realise this and wants to offer LL options, or he may just want his fee.
                  If agent did offer new T a move in date based on your NTQ and you remained in situ, the LL would be in 'breach of contract to supply' and liable to pay compensation to this T, inc 2-4 wks rent for temp alt accom.
                  If you do not vacate by expiry of your NTQ, the LL could charge you the equiv of twice the daily rent for period of overstay, as mesne profit. This is not regarded as rent so no new T offer can be implied.
                  As for your last comment - back at you!

                  Comment


                    #10
                    Originally posted by mariner View Post
                    12660 well-reasoned posts since 2009
                    Westminster has found her new signature!

                    Comment

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