Agent kicked out tenants

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Agent kicked out tenants

    I don't believe what happened today:

    I just received an email from one of my tenants of a year's standing. She tells me that my agent phoned them and said I was not happy with the 'new tenancy arrangement', and so they had found somewhere else.

    This was a year's fixed tenancy, and when my agent asked me to renew it, I suggested it be allowed to go periodic.

    Surely an agent wouldn't be so stupid as to kick out a tenant, just because I did not give them another agreement fee, and rent guarantee fee? (I would still have been happy for them to manage, and get paid for it.)

    I have emailed my tenant to try to get them to stay on. I am fuming.

    #2
    Normally LLs just don't know that some LAs are doing this.

    Contract renewal time. LA tells T to either sign up or give notice. LL is told that T has served notice to quit and should we get cracking on finding you another T sir ?

    I see the same properties cycle every 12 months for a local LA.

    Please realise that I know there are reputable LAs out there and I'm not just LA bashing.
    I'm a good tenant with great landlords
    I'm also a living, breathing, fully cooked female.

    Comment


      #3
      Thanks Brb.

      I am shocked that this goes on. It seems so pointless. I would not have found out, unless I had written to my tenant at the start with my contact details. I guess my agent didn't know we were in touch. Needless to say they won't get any more business from me.

      This particular flat will need new carpets and redecorating, as it was just about acceptable a year ago. That's probably a 2 month void for me. How annoying.

      Comment


        #4
        I'd be fuming too.

        Do you have proof of what the agant's done? I don't know if you have any leverage over the agent (I suspect not) but if so they could at least find you a new tenant FOC.

        There's been stuff in the media this week about how new legislation of unscrupulous agents will help landlords, so you might find that the timing makes your story is a newsworthy item...

        Comment


          #5
          Thanks Eric,

          No proof that I could use in court. My tenant and I were phoned by the agent, and asked what our intentions were.

          I agree that finding me a new tenant free of charge would be a way for my agent to mitigate the problem. However, with shenanigans like this, I wonder if I wouldn't be well shot of this firm altogether.

          Comment


            #6
            I'd ask the tenant to confirm in weiting what the agent told him.
            And I would immediately terminate the agent and tell them that you will bill them all your costs finding a new tenant.

            It's also good practice to always confirm instructions to agent in writing?

            More and more I think that in all these business relations you need to develop a sort of 'Lord Sugar' persona. Because otherwise you're eaten by everyone.

            Comment


              #7
              does the tenant have the right to know the contact details of the LL (if property is managed by LA)?

              Comment


                #8
                Thanks JJ.

                My tenant has told me the tale by email.

                I agree that ideally instructions should be in writing. However, the agent rang me, and asked my intentions, and I gave them. I did not think it necessary to write a letter to my agent confirming the content of the phonecall.

                If I have to start doing that, I might as well manage the properties myself.

                Yes, PinkLL, tenant does have the right to know landlord's name & address. I also sent them my email & phone number, to try to forestall misunderstandings like this one.

                Comment


                  #9
                  Your contract to have your tenants rent from you, is between you
                  and your tenant, and not agent and tenant.

                  Your "instructions" to the agent should be, that you do not give
                  the agent permission to evict your tenants, and that the current
                  tenants will be staying on, their contract will become "periodic",
                  and you do not require any new contracts ( AST ) to be signed.

                  If you are Sure there are no other reasons for the agent wanting to
                  get rid of your tenants, then - if it's not too late, advise tenants
                  you will begetting rid of the agent, and to pay the rent to you
                  direct, and that the agent had no right to push them out.

                  The agent may have done it, so they are ASSURED of getting a
                  new tenant finders fee, make a handsome profit on credit check
                  and admin fees for the new tenant.
                  They wont care if it takes 2 months to get new tenant, as they are
                  receiving money every month from you as a management fee.

                  Dismiss the agents for gross incompetence, and get rent direct
                  from tenant.
                  But it may be too late to appease your tenants.

                  R.a.M.

                  Comment


                    #10
                    Thanks Ram. Unfortunately it is too late. They tell me they have put a deposit on another flat that they prefer.

                    Comment


                      #11
                      You're going to need some back-up on this from Lawcruncher, paul_f or similar, but I believe the law of agency requires the agents to put your considerations above their own - ie them attempting to move this tenant from your property to another they manage (and will presumably get a fee from) is a blatant benefit to them, not you.

                      If I am right - it would seem you have a claim against the agents for any mitigated loss this causes - presumably the loss of rent and the cost of re-letting.

                      This quote from the letlink site

                      Duty of Loyalty
                      This arises automatically out of the fiduciary nature of the relationship between agent and principal. The underlying principal is that the agent must not allow personal interest or the interest of a third party to come into conflict with the interests of the principal unless the principal has full knowledge of the fact and gives consent.

                      Comment


                        #12
                        Originally posted by PinkLL View Post
                        does the tenant have the right to know the contact details of the LL (if property is managed by LA)?


                        Yes - if tenant requests LL contact details in writing from the LA, they have to provide this information with 21 days.

                        Comment


                          #13
                          Originally posted by PinkLL View Post
                          does the tenant have the right to know the contact details of the LL (if property is managed by LA)?
                          Section 1 - 1985 Landlord & Tenant Act

                          Comment


                            #14
                            Oh, thanks Snorkerz. That's very interesting. It hadn't crossed my mind that my tenants had been induced to take another property from my agent. I will ask them if that was the case.

                            Comment


                              #15
                              JKO, Lesley, Snorkerz, thanks

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X