Letting Agent / Landlord Dispute...

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    Letting Agent / Landlord Dispute...

    A few years ago, we entered into a guaranteed rent scheme with an estate agent for 12 months.

    At the end of the 12 months the estate agent never got round to renewing the agreement. We raised this issue a number of times with them. As they did not default with the payment we did not really press the issue.

    We now want the property back and the agent is holding us to the three months notice stipulated in the initial agreement. The agrement expired three years ago, can we be held to its terms?

    What is the process for regaining posession of the properties? As we never entered into an AST with the tenant, I didn't think Section 21 would apply.

    Any ideas people?

    #2
    Originally posted by dkuponiyi View Post
    A few years ago, we entered into a guaranteed rent scheme with an estate agent for 12 months.

    At the end of the 12 months the estate agent never got round to renewing the agreement. We raised this issue a number of times with them. As they did not default with the payment we did not really press the issue.

    We now want the property back and the agent is holding us to the three months notice stipulated in the initial agreement. The agrement expired three years ago, can we be held to its terms?

    What is the process for regaining posession of the properties? As we never entered into an AST with the tenant, I didn't think Section 21 would apply.

    Any ideas people?
    What did Agreement say about possibility of it continuing after first 12 months? Is the Agent named as "tenant", or did the Agreement simply appoint Agent to find tenants for you?
    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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      #3
      - There is nothing in the agreement about it continuing after 12 months.
      - The agency was instucted to find tenants which they do by providing the house to the local authority as social housing.

      Comment


        #4
        Originally posted by dkuponiyi View Post
        - There is nothing in the agreement about it continuing after 12 months.
        - The agency was instucted to find tenants which they do by providing the house to the local authority as social housing.
        ...so you probably did enter into ASTs which the Agent completed for you (if lettings were to individuals; this would not be true if lettings were from you to local authority itself).
        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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