letting agency signed another agreement without asking

[whitekoala]

hello everybody,

i have a question

i let a 2 bedroom house through a letting agency to 2 students

the contract started the 1st of july 2011

i sent a letter by post as "special delivery" and a email saying that i wanted the key back and the property empty for the end of june

but i got their reply

 

this is their reply:

 

"We have already signed tenants up for your property, who's conract begins on the 1st July 2012 and will run to 30th June 2013. As outlined in the management agreement you have signed, point 5.3, if you want to keep these tenants and pay us the fee's we would have no problem. The tenats do have a legal right to the property as they have already signed the agreement, however if you would like us to try and move them to another property we can ask them.

Please let me know what you want us to do."

 

the notice should be 2 months

i can't understand why they already signed an agreement without asking me

i keep on having lots of issues with that letting agency

what can i do ?

any advices?

many thanks

mark

[whitekoala]

hello

as i can see i gave them the notice of 2 months

 

5. TERMINATION

5.1 Either party may end this agreement by serving not less than 2 months notice on

the other, such notice to expire no sooner than the last day of a period of the

tenancy.

5.2 If either Party:

5.2.1 Being an individual or in the case of a partnership any one or more of the partners

becomes bankrupt or has a Receiver appointed over his affairs or:

5.2.2 Being a company goes into liquidation (except for voluntary liquidation of a

solvent company for the purposes of amalgamation or reconstruction) or has a

Receiver or Administrative Receiver appointed or:

5.2.3. Executes any assignment for the benefit of or makes an arrangement with his

creditors

The other party may end this Agreement immediately by serving notice on the

other to that effect.

5.3 If the Owner terminates this contract at any time during the period of the tenancy,

or sells the property before a tenancy we have arranged has began, the Agent will

be entitled to charge and receive a management fee equivalent to

2 ½ (two and a half) months rent on the property, or a single payment of £875

plus VAT whichever is the greater.

 

what do you think?

many thanks

[mariner51]

Any LL Notice cannot terminate a T on expiry, s/he is only able to 'seek repossession' via a Court order.

Also a valid s21 Notice would have to state 'after '

You have avided a void and got paying Ts beyond June, but your LA needs a good talking to for not seeking your instructions.

You employ them!

[whitekoala]

thanks for your advice

at the moment the letting agency is not paying me the rent and for the previous ones there were always delays

i talked to the manager and he said that they will try to find another property for the tenants who signed the agreement

i have called a few time ago another letting agency and signed the management agreement starting from the 1st of july

can i advise them to take care of this issue?

many thanks

marco

[raydetinu]

Surely the contract has to be signed by the LL?

The contract is between the LL and the tenant?

The agreement you indicate above appears to be between you and the letting agency?

Are you giving your agent notice to end their agreement with you?

What powers did you give them regarding arranging tenancies?

Have they issued a S21 noyice on the existing tenants?

Also if have relet it to different tenants how can the be sure the existing ones will be out in time for the new ones? how is your rent protected if teneant does not pay.

You may need a solicitor to help you sort the contract out.

or have a look at the Landlordzone site for better advice on agent contracts.

[Steve__M]

i can't understand why they already signed an agreement without asking me

 

Erm...because that's what agents do, and that's what many landlords want them to do!?

 

What fees do they normally charge? 2.5 months fees for ending the agreement sound rather steep given that most agents charge 10-15% which equates to less than 2 months' rent.

[whitekoala]

hello Steve_M,

thanks for your reply. i understand your point... but if i sign a contract starting from the 1st of july 2011 and i gave to the letting agency a notice 2 months before of the end of the agreement to get the property available at the end of june.. when should i advice the letting agency if the agreement states at least 2 months?

that's the biggest concern and how can i get rid of tenants letting agency, get the key back and be able to let another letting agency take over?

many thanks

marco

[Steve__M]

I almost had my fingers burnt with a notice term in my agency contract when I first let out a property. My advice would therefore be to make it explicit that I insist on clearing new tenancy agreements. Recently an agent refused to give me the details of a tenant they were intending to sign up, so I said I wouldn't agree to them as a tenant. So, yes, sorry if this is advice to close door after horse has bolted.

 

Thinking a little more, though, are you sure agent is telling truth? Has property been advertised (it's a little early to have signed up a tenant - but the student market can be a bit different)? Has contract really been signed by real people? They could be lying in order to keep your business. You might have to be a bit sneaky to find out.

[whitekoala]

hello Steve_M,

thanks for your promt reply. i really appreciate it

 

from their web site i can read:

 

When the original term expires:-

 

• Unless otherwise advised by you, the agreement will continue on a periodic basis
  
• Upon instruction from you, notice can be issued to renew the tenancy.
  
• Notify you should the tenant/tenants apply to renew for a fixed term.
  

When the tenant decides to leave we will:-

 

• Contact you to find out if you would like us to re-let the premises;
  
• Commence marketing;
  
• Negotiate fully the deposit return (in the case of student properties), including any minor between-tenancy maintenance, cleaning and final preparations for new tenancy.
  

 

and i can't see my property on their web site

it sounds as they are trying to keep the property even if they are not entitle

i will try to get in touch with a lawyer and i have already booked a week to be there the last week of june to go to the agency if everything goes wrong

many thanks

marco

[raydetinu]

Ask to see the supposed new tenant contract and the new tenant details, contact details etc. to check if genuine.

What is the situation regarding the present tenants? have they been given a section 21?

Speak to the present tenants!

[Steve__M]

I suggest you print off this web page pronto:

 

Contact you to find out if you would like us to re-let the premises;

 

If they did not contact you then it would seem they have no right to re-let the premises (though they may also have something in their contract that might be inconsistent with the web page?).

[whitekoala]

hello everybody!

thanks for your replies

i got a reply from the agency who is supposed to take over from the previous one...

Unfortunately I am unable to advise you in relation to your contract with the current agent, if they have a new tenant lined up for you are you not happy to continue with them at least for the next year?

 

 

it looks like i am totally alone in the storm LOL

letting agencies are really a disaster

i will try to see what i can do but it is unbelievable... the letting agency is not paying the rent.. signing contracts without asking... i think i need a lawyer... a good one

many thanks

 

 

 

[raydetinu]

Do some research first though; check what the situation is with the current tenant.

Have they been given notice? Ask the agent first by E,ail or letter; their respnse will be telling.

and if there is in fact a new tenant. If you have not signed the contract with them, you as LL must sign it to be valid.

The agent is just that your agent and should have passed it on to you to sign.

You may have to send the agent a solicitors letters in the first instance to get the money they owe you, and it may well up in court.

good luck.

[whitekoala]

hello,

thanks a lot for your advice. i really appreciate

can you please give a quick look to the contract just to see if there is anything dodgy?

many thanks

marco

[whitekoala]

if anyone wants to PM it would be appreciate

[raydetinu]

As said before post on

http://www.landlordzone.co.uk/forums/forum.php

 

they will help with queries on LA contracts much better than here. more tenant bias on this site.

[whitekoala]

hello everybody!

the letting agency managing the property advised that the tenants are asking to have these things sorted:

1) the tv isn't working

2) one blind slats on a window and it keeps falling down

the letting agency asked me if they can send somebody to have a look

i fixed combi boiler, and the bathroom because necessary for the tenants but i am not sure if we should fix tv or blinds

what do you suggest?

many thanks

marco

[Steve__M]

Marco,

 

How did you get on with your previous issue?

 

With your current issue I would say the following. If like me you find agents are unsatisfactory, you should be prepared to get more involved yourself.

 

While on the one hand I spend a bit of time and some money trying to keep my house nice and dealing with tenant requests, on the other hand, my tenants (even students) stay for a long time and tend to look after the place - my latest tenant has just left after 4 years during which she got in her friends and work colleagues as people came and went. Also I save 15% a month not paying agency fees.

 

With your current problems, it depends what you've promised and what tenants reasonably expect.

 

The TV problem could be straightforward (aerial come loose) or more complex. Till you look, you won't know. If you authorise the agent to sort it, then you might end up with a bill for a brand new aerial and a brand new TV when you didn't need them! Or with no solution at all.

 

If you have a dodgy blind, you should probably arrange to fix it, particularly if you are offering the house as furnished.

 

It's not really fair to expect paying tenants to live with problems that are a) not caused by them and b) they can't solve themselves.

[whitekoala]

hello Steve,

thanks for your reply

the letting agency and the tenants changed

now i was trying to replace the old gas and electricity meter readings with prepaid meter reading but in order to proceed the new supplier wants the meter reading (for example gas12345)

i sent a mai to the tenants and called the letting agency to no avail

any idea?

many thanks

[Steve__M]

If you have tenants in the property then normally their names would be on the bill.

 

If not, then you remain responsible for the bills (and you will need to ask tenants to pay you - assuming that is the agreement).

 

Therefore, tenants may not be in a hurry to change meters.

 

So my suggestion:

- forget trying to get anything useful out of your agent.

- visit your house (after adequate notice) and do your own readings. Get to know your tenants.

[whitekoala]

thanks Steve,

i called the letting agency who advised me that when the new tenants moved in, the agency took the meter readings

now they will call the tenants to ask to the tenants for the actual meter readings so we can advise the new supplier and swap the meter readings with prepaid ones

hopefully

many thanks

[raydetinu]

You cant do that, if tenants responsable for the utilities? then the supplier is up to them ( tenant )

[whitekoala]

thanks for your mail

yes, i totally agree

the letting agency and the tenants are dealing with that

hopefully

Edited November 16, 2012 by whitekoala

[whitekoala]

hello everybody,

2 problems, 1st with builders second one with tenants

 

upgrading a property the builder repainted the property leaving a mess

one wall is damaged, the toilet leaking and the sink in the basin as been replaced with another one even if we asked to have a new sink with a mixer tap

 

how can we have everything sorted?

 

2nd problem

 

the tenants signed a contract till the end of January but they wanna stay other 15 days (till the middle of February) for free because the house was dirty

we ask to the letting agency to proceed with a general cleaning but the letting agency managing the property said that there wasn't enough time

 

any advise?

 

many thanks

[Steve__M]

Sack the agent and do it yourself.

 

Be more careful the next time you choose builders - or give them clearer, written instructions. If you did make it clear, tell them to sort it out and don't take no for an answer.