Countrywide trying to overule Landlord!!!!!

aqua111

My Partner has rented out a house for 10 years to a family from South Africa. They are moving back to South Africa as the main wage earner has been made redundant and is unable to find permanent employment.
They have been the perfect Tenants.
Rent always on time and have rung the Landlord direct when repairs needed.
He has agreed to accept the deposit as the last month's rent.
He has also agreed that an inspection will not be necessary as he has been to the house and although in need of redecorating wear and tear is to be expected after 10 years.
The house was managed by a local Agent until Countrwide purchased the Agency 2 years ago.
Countrywide just deal with the rent.
When my Partner rang Countrywide they said he cannot do this and they would contact Head Office!!!!!!!!!!!!!!
Comments please.

nidO

They can be told politely to -- ----

---

. The tenancy is between the landlord and the tenant, if both parties agree to end the tenancy the agent in the middle has absolutely no say whatsoever in the matter.

Edit: Actually, it depends what aspect the agent is saying is problematic. If the issue is the tenancy itself then see above, if they're taking issue with the fact that your landlord and the tenant have agreed to take the deposit in lieu of the last month's rent, this may pose valid complications as the deposit is (presumably) registered, if countrywide are the stakeholder they may not be happy handing it to the landlord in lieu of rent as the tenant could then turn round and complain to the DPS wanting their deposit back.

aqua111

Thank you for prompt reply!!!!!!!

AlexMac

Yeah- agents; doncha hate 'em!
They've been getting a % for old rope if the tenant has been so prompt and the LLs been handling maintenance direct.

So I agree the 'go forth and procreate' advice above as an instruction to the agent, or more seriously, a stiff letter telling them the tenancy is ending. I assume you hold the deposit so TDS isn't involved?

What will the EA do?

Sue you for breach of contarct because you've been doing their job for them?

aqua111

Brilliant Reply but assume they have deposit as they bought Local Agent.No Contract with COUNTRYWIDE was signed as they sent
an unreadable copy.

ognum

The agent I used to use for my rentals was private and was bought out by a national chain I will not go into details but they lost me a large sum due to mishandling a new tenant. I left them very quickly and I suggest your partner does the same!

benjus

The only potential issue I can think of is if the deposit is protected by an insurance-backed system (e.g. TDS) and held in the agent's client account (which is standard practice with many letting agents). Even then, I can't see why there would be an issue here if the tenant authorises them to release the deposit to the landlord.

sandsni

What exactly are Countrywide saying needs to happen?

The deposit money doesn't belong to the agent, even if they've used an insurance based scheme. It belongs to the tenant. If the tenant has agreed to release the full deposit to the LL in lieu of the last month's rent, and the LL has agreed, then the agent cannot do anything but abide by the tenant's wishes.

Any future claims the LL may or may not have for damage etc. are between him and the tenant, not the agent, so how and when the deposit is released is none of the agent's concern.

aqua111

Incredibly Email just received Email saying Countrywide will follow Company Policy and inspect !!!!!!!!!!!

BitterAndTwisted

Inspect what?

The agent was retained by you to collect the rent, not fulfill the landlord's statutory repairing obligations or to carry out check/check-out inventory inspections.

What you absolutely can be confident of is that Countrywide will forward you a bill for this inspection they want to carry out. An inspection which is not required by you and shall not take place.

You are the landlord so you are the party in the driving-seat!

I suggest that you clarify the position with regard to the tenant's deposit, so we can help you draft a letter to these outright cowboys. DO NOT communicate with them by phone or email unless you confirm everything in writing afterwards.

Dark_clouds_looming

Are they charging your partner for the inspection?

I'm currently renting a property from Countrywide and have found them to be the most money grabbing company I've ever used (charges for everything, including £40 for a reference, £80 for a 'check in', wanting £150 to extend the original 6 month AST....) and also don't seem to be acting in the Landlord's best interests. We are moving again next January and have decided that if we find another property is managed by Countrywide, even if it's the best house in the World, we're not touching it with a barge pole!