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My friend hired an agency to rent her house out.  A tenant has been found and given the keys.  The tenancy agreement is a new style to one she had before and a big change is that it states "If the tenant is 3 weeks late with rent the Landlord can enter and reclaim the house".  She thinks its good as had problem payers before and eviction took a year - can this be legal if the law says you cant evict without a court order?  Just want to get the facts straight for her as I know not all contracts are valid in law.  Just me being curious.  Thanks

 

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Posted (edited)
12 hours ago, RachelJones001 said:

"If the tenant is 3 weeks late with rent the Landlord can enter and reclaim the house". 

 

 

If a LL/LA evicted  a tenant using that invalid clause, it would be Criminal offence and is up to TWO years in prison fines or both, plus the tenant can sue for damages in the County court for illegal eviction !

 

Rent arrears read below url

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi

 

I have to agree with others comments.

 

That clause may be in the New Tenancy Agreement but could that clause be used without a Court Order NO unless you want a claim against your friend the landlord for an illegal eviction.

 

It does not stop your friend asking the Agency for clarification in writing (quoting said clause) if this clause is correct as you have concerns that using this clause the way it is worded without a court order could be classed as an illegal eviction and exactly what legislation they are relying on for that clause being in the Tenancy Agreement. (you friend keeps their response in a safe place and if they haven't fully answered what was asked then challenge them in writing)

 

If the above response still does not sit right with your friend then they can simply ask the Agency remove that clause from the Tenancy Agreement to that specific property informing the tenant of its removal 
(may need tenant to resign new updated agreement).

 

What your friend needs to remember is although they are using the services of this agency to rent the property the buck stops with your friend the Landlord with anything to do with the Tenancy Agreement/Rental of the Property. 


If your Friend the Landlord has any issues/question about the property with this Agency then they simply ask for clarification (ensuring to keep a paper trail of everything to do with said property) as they have Employed the Services of this Agency

 


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no-one can agree to have their rights in law revoked by such a contract.

Your friend needs a new agent

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