Getting rid of letting agent

timberflake

We've lived in our rented house for 3 years, and our landlady has been in touch to let us know that she is getting rid of the letting agent due to poor service and wants to deal direct with us. What should we be aware of?

We're currently on a periodic tenancy in England and our deposit is in a protected scheme which was arranged by the LA, will we need to move it? And how do we go about doing this?

Can we stay on a periodic tenancy or will we need to sign a new shorthold agreement with the LL? What does the LL need to do to make sure this is all above board?

Is there anything I need to be wary of? We've got all the gas safety certs etc, the only thing that's changing is the LA is being removed from the equation.

Thanks

BitterAndTwisted

Nothing changes except who you pay your rent to and who you report any repair issues to. Everything continues as before. There is no need to sign a new AST unless you and your landlord would prefer the security of being tied to a new fixed-term.

thesaint

What problems has your landlady been having with the agent?

timberflake

BitterAndTwisted wrote: »

Nothing changes except who you pay your rent to and who you report any repair issues to. Everything continues as before. There is no need to sign a new AST unless you and your landlord would prefer the security of being tied to a new fixed-term.

So the existing tenancy agreement paperwork stands? I just want to make sure we're totally covered in terms of our rights.

What about the deposit? Will this need to be moved to another scheme?

Werdnal

Has you landlady looked at the T&C she signed with the agent, as she may find she is tied into their contract until you leave, or at very least, she will have to pay a hefty release fee.

You deposit can either be returned to you to give direct to her to re-protected, which she must do within 30 days and issue you new PI from the scheme used, or the agents can pass direct to her. However, this is actually YOUR money, so you can request it back from the agents yourself!

The existing agreement is valid and you have no need to sign anything new with the LL unless you wish to. She will obviously have to confirm new rent payment details with you in writing, and must provide you with an address in England/Wales for serving notices on her, otherwise your rent is not actually due!

timberflake

Werdnal wrote: »

Has you landlady looked at the T&C she signed with the agent, as she may find she is tied into their contract until you leave, or at very least, she will have to pay a hefty release fee.

You deposit can either be returned to you to give direct to her to re-protected, which she must do within 30 days and issue you new PI from the scheme used, or the agents can pass direct to her. However, this is actually YOUR money, so you can request it back from the agents yourself!

The existing agreement is valid and you have no need to sign anything new with the LL unless you wish to. She will obviously have to confirm new rent payment details with you in writing.

I don't know what her agreement with the LA is, that's not really our concern. They certainly seem concerned though!

Thanks for the answers guys, just what I needed.

G_M

As you say, the agreement between LL & agent is not your concern.

Your tenancy is unaffected - it always ways, and still is, between you and the LL. The agent was just.... an agent acting for the LL.

Your deposit is not your problem - it always was the LL's responsibility, and still is. It is for the LL to sort out.

Make sure you get written instructions from the LL
a) how/where topay rent, and from what date
b) where to send formal letters "for the servingof notices"
c) how to contact him informally eg for repairs (though these should anyway be followed up by a formal letter

Werdnal

G_M wrote: »

As you say, the agreement between LL & agent is not your concern.

Wasn't suggesting it was the tenant's concern, merely pointing out that the LL's suggesting of getting rid of the letting agent might be like getting !!!! off a blanket and not quite as simple as they think!

G_M

Werdnal wrote: »

Wasn't suggesting it was the tenant's concern, merely pointing out that the LL's suggesting of getting rid of the letting agent might be like getting !!!! off a blanket and not quite as simple as they think!

What on earth do you get up to in bed at night Werdnal....:eek:

edit: sorry. Bit indelicate. Perhaps a medical condition? None of my business. I'll shut up!

timberflake

Resurrecting my old thread, but my landlady has now left the agent and we are dealing direct.

The agent has said that the deposit can stay where it is and does not need to be moved, is this trued? Surely if they registered it with a DPS they need to return the cash to me/the landlady so that we can re-register it?