Letting Agent to Private Landlord

  • Filter
  • Time
  • Show
Clear All
new posts

  • Letting Agent to Private Landlord

    I have had a tenant in my property for the last 5 months, not had any problems, all seems relatively good.

    I am getting hammered for 15% management fee and I am looking to deal directly with the tenant going forward, as she has indicated that she wishes to stay for the forseeable future and would be happy to avoid the extra fees charged by the letting agent also. I have managed to get the agent to release me from a clause that locked me in while the introduced tenant was in the property.

    1. Will a new tenancy agreement (stripping out references to the agent) be required?
    2. If so, will the new agreement be classed as an extension or a new 6 month AST?
    3. Does the agent automatically refund the deposit to the tenant or can I request a transfer to myself and ultimately the TDS?

    I will be arranging the necessary insurance for rent guarantee etc and so far the tenant seems to be keen (especially since rent isnt going up as I will be saving a fair sum on management fees)

    Many thanks in advance.


  • #2
    The current AST can remain. Make sure you have the copy of it signed by your tenant this way the new deposit regulations will not apply! The agreement will merely become statutory periodic i.e. the terms and conditions remain the same when the original fixed term expires but now the tenant can give you one months notice if she wants to leave, and if you want her out, you must give at least two months notice. You can also alter the rent using section 13. You should request the agent to forward the tenant's deposit to you which, if he is holding the deposit as a stakeholder, you will require the tenant's permission to obtain. Your tenant should be notified of the new arrangements in writing and if the tenant insists that the agent continues to hold her deposit as stakeholder, then she can pay the agent's fee for doing this!

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


    • #3
      Cheers Pilcher, nice and easy.......and a £110 per month saving!!



      • #4
        Perhaps you'd like to share your technique for getting released from your agreement. I'm sure many posters are green with envy!
        All posts in good faith, but do not rely on them

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

        You can search the forums here:


        • #5
          Hi Bel,

          Pure opportunism!!

          Letting Agent had sent an e-mail to the tenant and copied me in, unfortunately, they had also provided all of the previous correspondence between the tenant and the agentincluding...........card details for the deposit including 3 digit codes etc etc

          They breached my tenants data protection rights, that had in effect broken the terms of the agreement and therefore all contractual obligations were nullified!

          Only did it because they were being very difficult about a number of things including rental increase, renewal fees and documentation, but the straw that broke the camels back was the Rental Guarantee Insurance, they were charging me VAT as a service as opposed to IPT, at no point had they told me this was not an insurance product, but a bonded scheme and refused to back down.

          I felt a bit bad about nailing whoever had made the mistake but at the end of the day my losses on the property have been eradicated by the increase as there will be no agents fees anymore!!

          What annoyed me was that they had an indefinite clause, I was quite happy to pay 2-3 months mgt charge to release me from the clause, but they wouldnt budge..........they left me with no option but to play the trump card!!

          All the best



          Latest Activity


          • S21 or S8 to evict a tenant
            I have a tenant who the local council have provided the deposit bond for. He has been nothing but a pain paying his rent and has always been 1 month late or 6 weeks maximum, paying at the end rather than the beginning. He was initially on a 6 months AST, which reverted to one month rollover in the absence...
            26-07-2017, 19:21 PM
          • Reply to S21 or S8 to evict a tenant
            That ....
            26-07-2017, 21:41 PM
          • Long Term Tenant - how to protect both LL and Tenant
            Hi All,

            I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

            I already...
            20-07-2017, 10:07 AM
          • Reply to Long Term Tenant - how to protect both LL and Tenant
            A tenancy of more than 3 years to be executed as deed (Law of Property Act 1925).

            A tenancy of less than 7 years - landlord's repairing obligations (Landlord and Tenant Act 1985).

            A tenancy of more than 7 years - registration with the Land Registry.

            If you're going...
            26-07-2017, 21:39 PM
          • Reply to S21 or S8 to evict a tenant
            I dont see a benefit in Section 8 in this circumstance as the grounds are discretionary not compulsory (is my reading of the situation anyway).

            Its worth issuing it anyway but then proceed down S21 when it expires?
            26-07-2017, 21:14 PM
          • One tenant moving out and two remaining - who pays for the checkout/inventory?
            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

            Q3 – What date did current...
            26-07-2017, 16:38 PM
          • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
            Yes I cant agree with JK on this one, although I agree its an elegant solution in theory. A few issues with it though:
            - Subletting
            - The previous tenant in effect remains a tenant (in the eyes of the law)
            - Any damage that has been caused up to now should in fact be deducted three...
            26-07-2017, 21:08 PM
          • Reply to Long Term Tenant - how to protect both LL and Tenant
            I would make a list of the improvements / repairs which are required and get some ball park quotes for the work from trades(wo)men in the area.
            Then I would offer a 6 month rolling tenancy, at a fair rent. I would ask the tenant to quote for a few of the simple jobs, and pay him once completed....
            26-07-2017, 21:06 PM
          • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
            I can't see the departing tenant agreeing to withdraw their notice and nor should they simply to get their deposit back.

            They are ALL responsible. The tenancy Is ending for all of them and they are jointly responsible for any damage.

            I'm amused by your insistence for a professional...
            26-07-2017, 20:43 PM
          • Ending tenancy early / returning advance rent
            Landlord has served me with S21 to leave property by 10 September. 12 month AST in England. Tenancy has been difficult last few months, major delays in repairs and I am still waiting to be refunded for a locksmith call out a month ago. I paid 12 months rent in advance due to having CCJs.

            25-07-2017, 21:35 PM