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leasing agency as "primary tenant" when we're renting out property

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Comments

  • Yorkie1
    Yorkie1 Posts: 12,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, you'd also need to check the T&Cs of your mortgage, if you have one.

    Sometimes there can be restrictions on the type of tenancy permitted and its max (fixed term) duration
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yorkie1 wrote: »
    OP, you'd also need to check the T&Cs of your mortgage, if you have one.

    Sometimes there can be restrictions on the type of tenancy permitted and its max (fixed term) duration
    Typically both BTL mortages and domestic mortgages with CTL only permit ASTs - which as explained this would not be.
  • vivvov
    vivvov Posts: 119 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi there bnorth....G_M asked me to post any outcome re my predicament..not sure if it's now relevant to you but I've cut and pasted my last reply from my post re a Guaranteed Rent agreement I was caught in below....as follows..

    Hello All

    Outcome as requested.

    Well I've got my property back..be that after nearly a year of constant emails and a lack of correspondence from the Letting Agent.
    In the end I emphasised that a S21 NTQ has a timeline..a specific timeline..dictated by court decision on eviction.

    Conclusion: they were outrageously swinging the lead because they were getting a silly amount of money via the Guaranteed Rent agreement (compared to any kind of management set up)..more fool me..I'll know for next time.
    Direct link to an AST in future so I actually have control of my own property.

    Luckily the property has been left in as good a state as to be expected. So relieved.

    However there is (inevitably) a couple of small outstanding issues (inevitably) to do with the Letting Agent.
    a) They have not forwarded the extra week of rental income owed (due to eviction being a week passed the monthly tenancy start date).
    b) After returning the flat and departure of Agent, I flipped the boiler cover down to check the water pressure and it slowly dawned on me that the small clock-like central heating timer that lives in the middle of the panel I was looking at wasn't there!..it's a slot in affair and it had been removed. The heating system and hot water works; I had checked that by running the hot tap and twisting the thermometer in the hall..but I can't time the central heating..easy to overlook esp when you don't expect it.

    So I sent an email requesting the week's rent owed and replacement of said timer.

    Initial brief reply along the lines of.."Accountant will sort out extra payment and unfortunately can't throw light on the mystery of the timer's disappearance".

    I replied Guaranteed Rent contract clearly states flat would be made good of damage,(bar general wear and tear) and that, as a reputable firm, I expect contract to be honoured.
    Rent and Costs are probably £300, or there abouts, in total.

    No surprises..no reply as of yet.

    So my next question is...Is this the point where I send in a small claims court request (never done this) and do I inform the Letting Agent that I'm going to do this..or have done this..or don't inform them?

    Mainly relieved though, flat is intact and I can move back into my flat in time for a new job in the area.

    Thanks for all the info and now looking to acquire a couple of BTL but AST controlled by me from now on.

    Neill
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