Help:my estate agent has told my landlord that we're buying ......

hafgrape

We're in the process of buying a property. We are renting a property which was let by a lettings agent (though is not managed by them), the estate agent we have placed the offer with is the same company of agents as teh letting agent, although different legal entities, but in a different branch.

Our tenancy is due to expire on 2nd November 2008 but we explained to our landlord that we were looking to purchase and wanted to go on a month by month agreement rather than commit to a further tenancy, she agreed verbally. We did this so that if our purchase fell through we were not homeless and also so we could overlap and do some decorating before moving.

Since then we have had a phonecall from the lettings agent saying that as our purchase is going through they have spoken to the landlord and she now wants to terminate our tenancy or us to commit to end of January, which is potentially costly to us.

My question is although the landlord has every right to terminate our tenancy, did the estate agent have the right to share the info that we were buying with the lettings section and did they have the right to pass it on to the landlord. it seems like a breach of confidentiality and data protection to me but would be interested in what others think.

Thanks in advance

poppysarah

They can't force you to renew.

The data has been passed - right or wrong doesn't help you very much.

Them terminating your tenancy means two months notice?

You can kip on a friends floor and put your stuff into storage if needs be. Don't give in to bullying landlords.
2 months extra from November - is that really unaffordable? Your sale might be delayed anyway.

RabbitMad

I can't see anyway of this being achieved. Doesn't an AST have to be for a minimum of 6 months?

Anyway if they "terminate" the contract now wouldn't the earliest date you need to be out by be 2nd Dec, and you don't have to leave without a court order.

hafgrape

Thanks for your responses.

Poppysarah - the floor option isn't an option as we've relocated to a new area so don't know anyone. You're right 2 months extra is affordable if we have to, but it's a couple of thousand we'd prefer not to spend.

RabbitMad - the lettings agent is saying that the landlord wants us out on the 2 November date i.e. the original date but I'll check whether she has to give 2 months notice.

RabbitMad

they do and if they haven't given it already then tough. (you should be served with a section 21 notice.) Also when did you rent the property (i assume either 2nd may 2008 or 2nd nov 2007) as if it was after 5th April 07 the deposit needs to be protected, is it?

Also even if they have given it you can say nope we're not going until we are ready. You would be liable for any financial loss to them because you haven't left but this is likely to be minimal.

Would agreeing an extra £50 a month rent make the LL shut up?

hafgrape

We rented on 2nd Nov 07 so deposit should be protected. Landlord may accept extra but I guess I'm frustrated (furious) that she shouldn't even know that we're buying and that's the estate agents fault, so why should we lose out. I guess it's another cost of buying and greedy estate agents as i'm sure they just told her so that they could then have another slice of the pie when they rent it out again.

dag_2

Yeah, I think that stinks, it sounds slightly as though the estate agents are trying to pull strings on the letting agency to put the frighteners on, in the hope that it'll mean you're more likely to buy a house that you might otherwise have pulled out from, and more likely to pay over the odds for the house.

If that's the case, then this action could end up costing you far more than £2000! Have you had a survey done on the house? Make sure you check it out thoroughly before parting with any money.

Also - when you moved in to your rented accommodation, did you get a "Sword of Damocles" notice - that is, a Section 21 notice that was given to you immediately upon signing the tenancy agreement? If not, have you received a section 21 notice since then?

Even if they've given the proper notice, they still have to get a court order once that notice expires, which usually gives you at least another two weeks, possibly a month.

Don't be bullied into paying over the odds for the house in the current market! You may have to be prepared to stay in a hotel, and stick your stuff in the Big Yellow, but even so, it's better to do this than to pay over the odds for a house that comes back with a bad survey. Keep us informed.

RabbitMad

If you haven't had notice of where your deposit is protected you should find out and make sure it is protected. If the Agents or LL haven't protected it you could be entitled to have it return plus have 3x the amount paid directly to you as a penalty.

Also - when you moved in to your rented accommodation, did you get a "Sword of Damocles" notice - that is, a Section 21 notice that was given to you immediately upon signing the tenancy agreement? If not, have you received a section 21 notice since then?

Also unless the deposit was already protected when the section 21 was issued, the section 21 should be unenforceable hence the "Sword of Damocles" approach that LL's used to try no longer works.

sooz

hafgrape wrote: »

Our tenancy is due to expire on 2nd November 2008 but we explained to our landlord that we were looking to purchase and wanted to go on a month by month agreement rather than commit to a further tenancy, she agreed verbally.


My question is although the landlord has every right to terminate our tenancy, did the estate agent have the right to share the info that we were buying with the lettings section and did they have the right to pass it on to the landlord. it seems like a breach of confidentiality and data protection to me but would be interested in what others think.

Since you already told your LL that you were planning to buy, I hardly think it's a breach of confidentiality!

What has probably happened is that the LA is concerned that they are losing out on fees. Hence they want to sign you up to a new contract, & get more fees off your LL, or get you out, sign someone new up, & get more fees from your LL.

Speak directly to your LL, & explain what the LA is doing. You had an agreement with the LL to go onto a periodic contract (which you should have got in writing ) & you want to stick to it. Then get that in writing & tell the LA to :eek: :eek:

Your tenancy cannot be terminated by phone by the LL or the LA. You must be given two month's notice in writing, to end the day before a rental period.

As others have said, just check through all your paperwork incase you have already been served a section 21. Also check to see if you have any deposit paperwork.

hafgrape

Thanks again. We got the sale price reduced and have had a survey which was fine, I will check re whether we had a S21 I've a horrible feeling....

hafgrape

Since you already told your LL that you were planning to buy, I hardly think it's a breach of confidentiality!

We'd explained to the landlady we were looking. The estate agent told her we'd found somewhere had offer accepted and were moving (which we weren't straight away)