Letting agency mucked up with serving notice - what can we do?

lisainglasgow

Hi,
My partner and I live in Scotland but we have rented out her flat in London for the last 3 1/2 years. It was on a 6 month then rolling contract. She is selling it and gave notice 2 months ago.

We are not very savvy when it comes to letting and my partner uses a letting agency. They have been crap and we have had to push for everything, including inspections and gaining the relevant certificates etc.

They told my partner that she could email the tenants giving notice, which she did, copying in the letting agent. With hindsight we realise this was entirely the wrong thing to do. However my partner did get verbal confirmation from the letting agent that this was fine. She asked for email confirmation of this but never got it.

The 2 months was up yesterday and the tenants have not moved. They have said that they cannot find anything in the area for the same price.
We get on OK with the tenants (they hate the letting agency!) and we found 3 comparable properties at the same price or less pcm which we passed on to them. My partner explained that as the property was being sold that they simply could not stay. They told her they were looking for a 3 bed (they are renting a 2 bed) and she explained that they would not get a 3 bed for the same price. She has not put up her rent during the tenancy.

Unfortunately the person who is buying the property needs to have a vacant possession in order to complete. Fair enough. It is a family member so there is some leeway but we want to complete ASAP.

We are very angry at the letting agents as they have clearly not done their job properly. We are speaking to a solicitor but we want to know what we can do.

The tenants have paid their rent for this month too.

Any advice?

RAS

Issue the correct notice - the earliest that you can now take court action is three month's time.

Since you have already missed the deadline to get them out in October, take time to get the documentation correct and checked rather than rushing things.

jjlandlord

You should serve a new proper section 21 notice immediately, and go after the agent for any loss that you may suffer.

Note that even if the notice is valid the tenant has no obligation to move upon its expiry: The notice only entitles you to seek a court order for possession after its expiry.

If the rent is clearly below market you can also serve the tenant with a section 13 notice of rent increase, which would remove the argument that they cannot find another property at the same price (not that it was any of your problem)

If you really want the tenant ASAP, though, I'm afraid that you will have to strike a deal with them, though.

lisainglasgow

What sort of a deal would you suggest? We are not necessarily in a rush but would like to put an offer on a flat if we were to see one that we like.

We are very worred that because a lot of the communication with the LA was verbal that we won't have a case to pursue.

lisainglasgow

I would say that the rent is not below market - the comparable properties are £25 less to the same £ PCM although they are not as up to date decoration wise.

DVardysShadow

Advice? Well, was valid notice given? Did it say all the right things? Did you give notice to end on the end of a rental period and give 2 full rental periods of notice? [It is not acceptable to give 2 months notice 10 days into a rental period and expect tenants out 10 days into the rental period 2 months later] Is it really acceptable to send it by email?

If the lettings agent has misled you in any way, sack them, because if you have to re start the process, they should not profit by a cut of the extra rent. Serve notice on the tenants that rent must be paid to you from now on.

And if you have actually done it right, you now need to apply to a court for an order to regain possession. Bear in mind the actual section 21 notice for the tenants to quit is not so much notice for them to go as it is notice of your intention to seek possession through the courts if they don't go.

jjlandlord

lisainglasgow wrote: »

What sort of a deal would you suggest? We are not necessarily in a rush but would like to put an offer on a flat if we were to see one that we like.

Anything that could make them move out!

E.g. perhaps offer to pay the difference between the current rent and the new one they would have to pay in a new property, for 6 to 12 months.
Yes, it feels bad to pay them to go but you should consider how much it is worth to you that they go ASAP rather than staying for months (plus legal costs if you have to evict). It is up to you, really.

lisainglasgow

Thanks for that. Yes we would consider paying a small amoutn and the tenants trust us rather than the letting agents which I think is good? The properties we have seen as either the same amount or less, the problem is that they want a 3 bedroom which is not comparable with the current 2 bed which they rent from us.

Surely the section 21 cannot be issued by email, I think this is right as I say I have no experience in this!

How would we 'sack' the letting agents, that should like uit would get us in loads of trouble?!

We really would like to gently encourage the tenants to leave, whilst going through the legal stuff through the solicitor at the same time.

Many thanks to all who are responding

princeofpounds

I'm not sure you will have a case against the letting agents. You'll probably find that their contract doesn't actually cover them advising you with the right information on this particular issue... Given you issued the notice (presumably incorrectly but not necessarily) yourself then it was your action that caused the loss, and asking them for advice had as much validity as asking the bloke down the pub.

But you never know, read your contract to see if they actually broke any of it. Anyhow, you sack them as per your contract (which you agreed to, remember!)

Probably your notice is not right, I don't think email is necessarily impossible but did you serve in the correct form and have any proof of receipt?

I second the above posters that if the delay is going to call you problems a sweetener is not a bad option. Get any agreement in writing and don't hand over money until you have possession back.

theartfullodger

Advice???

Next time either of you go into business giving away an asset worth £100k+ get educated, read some books & don't get taken for a ride by cowboys.

Also, I guess, rejoice in the good fortune of the tenants.

Hard lesson, hopefully you'll both benefit from it in future.

Cheers!!

G_M

You will struggle to bring an action against the agent. A) their advice was verbal and it was you that issued the dubious (note, not necessarily erroneous) Notice.
Had you instructed your agent to evict the tenants, and they issued the wrong notice, you would have a clear case. Since you say

We are not very savvy when it comes to letting and my partner uses a letting agency.

I really don't understand why you took this critical action on yourself. A bit like keeping a dog and then barking at burglars yourself!
Come to an amicable agreement with the tenants. Avoid the courts if at all possible. Pay them but as others said, put any agreement in writing, get their signatures, and only pay when they've gone.

Sack the agents who are clearly useless. READ YOUR CONTRACT WITH THEM. You may have to give THEM 2 months notice or whatever.

Discuss what you're doing with the tenants and follow up with a letter to them instructing them to pay future rent to you direct, not to the agent. The last thing you want is to sack the agent while they are holding your rent money, and then have a dispute over that as well.....

Make sure you know where the tenants' deposit is held so that you can take over responsibility for this from the agent.