advice on rented property please!

amyabigail

Hi everyone,

just looking for a bit of advice really, any help would be very much appreciated!

I have been renting a house for just over a year through a letting agency and my tenancy agreement runs until the end of july. Over the time we have been here the agency have been pretty useless, eventually the landlord contacted me and we now liase direct about any problems etc.

I want to stay in the property past July and renew my agreement but the landlord doesnt want to use the agency any more (they have messed him around - not paid him the rent i have paid them, not advised him of problems in the past etc). The landlord has said he is more than happy for us to stay here but wants me to rent direct from him after July.

I am happy with this in principle but am just slightly worried about how this will work and how it will affect the deposit i have paid to the agency - he has told the agency that he wants the property back from them when this lease runs out, but they havent told me yet! (i dont think they know that he has agreed to carry on direct with me)

Surely the landlord must have a contract with the agency.. so if i stay here directly would there not be some sort of breach? I am assuming that they would see this as if he had poached me away (for want of a better term!) and I wonder what the legal position would be with this?

Also in terms of my deposit.. will they pay this back if i am still here? And then i can pay to the landlord? Will they want to do some sort of inspection to do this?

Sorry if this is a bit waffled, i have only been told this by the landlord today and am starting to panic as the end of july isnt far away! I havent contacted the agency yet either as I dont know what the landlord has told them...

Thanks in advance.. Amy x

taxsaver

Don't concern yourself with the contract between the agent and the LL, that is for them to sort out. Your contract is with the LL anyway and if he wants you to pay him direct and that is also what you want then that is what you should do. It will actually save your LL between 10% and 15% (typically) of the monthly rent that the agent will have been charging him, so maybe he might even share that saving with you if you cheekily ask!

As far as the deposit is concerned then the agent should pass control of it to the LL who will (should) then himself put it into a scheme and notify you accordingly. There is absolutely no need for the LA to do any sort of inspection OR to charge YOU any fees whatsoever, so don't let them sucker you!

may_fair

If the current tenancy contract is between you and LL, then you are already renting 'direct' from LL.

Assuming this to be the case, then it appears that the agent was instructed to manage the property on behalf of the LL, and perhaps collect rent on behalf of the LL, and LL now wants to manage it himself - that is entirely a matter between LL and agent, and has zero effect on your tenancy with LL or your deposit.

Regardless of who is holding the deposit, the LL is ultimately liable for returning it to you at the end of the tenancy.

If you have an assured shorthold tenancy in England/Wales, then if you remain in occupation after fixed term expiry and do not sign a renewal contract with LL, a statutory periodic tenancy will automatically arise on the day after the fixed term expires (a.k.a. a rolling contract).

The terms of the current contract would carry through into the periodic tenancy (e.g. rent payable, etc) except for any provisions relating to notice. In a SPT, LL must give at least two months' notice, and T one month; notice must also expire at the end of a tenancy period.

*miaomiao*

Ask your LL in writing to put in writing that as of X date, you should pay rent (X amount of rent) to him (full name) directly by X manner (standing order, etc) and that he should include the account details he wishes you to deposit it to. Then ask that it is signed and posted to you. Ask him to include details of which scheme the deposit you have already paid will be lodged with. Then include the sentence that you understand that this is not the initiation of a new contract, but a periodic one continuing from your existing tenancy.

may_fair

*miaomiao* wrote: »

Ask your LL in writing to put in writing that as of X date, you should pay rent (X amount of rent) to him (full name) directly by X manner (standing order, etc) and that he should include the account details he wishes you to deposit it to.

Presumably the current contract states that rent should be paid via the agent. It is up to the LL to inform T *if* he wants that arrangement to change, not for T to inform LL that he must advise her of a change. Meanwhile, T may continue to pay rent via the agent as per the terms of the contract.

Then include the sentence that you understand that this is not the initiation of a new contract, but a periodic one continuing from your existing tenancy.

Completely unnecessary. If LL informs T that rent should be paid direct to him, this will not 'initiate' a new contract.

In short, there is no need for T to do anything until she hears from the LL as to when he wants to change the rent payment arrangements.

*miaomiao*

may_fair wrote: »

Presumably the current contract states that rent should be paid via the agent. It is up to the LL to inform T *if* he wants that arrangement to change, not for T to inform LL that he must advise her of a change. Meanwhile, T may continue to pay rent via the agent as per the terms of the contract.

Completely unnecessary. If LL informs T that rent should be paid direct to him, this will not 'initiate' a new contract.

In short, there is no need for T to do anything until she hears from the LL as to when he wants to change the rent payment arrangements.

Sorry, but from past experience, I would not wait to see what happens, but write instead. When things are in writing they are clearer and there is lesser chance that there will be a point where someone says that didn't happen at all.

I can't see why a good LL would have a problem putting conversations into writing.

may_fair

*miaomiao* wrote: »

When things are in writing they are clearer and there is lesser chance that there will be a point where someone says that didn't happen at all.

If the contract states that rent is to be paid via the agent then it's in writing, and continues to apply until advised otherwise by LL.

Mind_the_Gap

may_fair wrote: »

If the contract states that rent is to be paid via the agent then it's in writing, and continues to apply until advised otherwise by LL.

I agree. As long as OP has evidence she has paid the rent to the agent, it is the LL's problem to get it from the agent, not OP's.

If LL wants her to pay into his account and bypass the agent, then he must be proactive and inform her of that, and in writing, not just orally. It is not her problem and she should not feel she has to do the LL's job for him in order to remain in the property. She doesn't.