LL leaving estate agent, where do we stand?

Ad86

Hi.

Basically our landlord has said he wishes to leave the estate agent that currently manages our house.
They are taking 6+ weeks to pay him our rent money etc, so understandably he isn't happy.

So where does this leave us?
He wants to just sort out a private agreement between ourselves and for us to transfer the deposit we paid to him.

But will we be losing all kind of legal/tenant protection going into an agreement like this?

The estate agent takes 12% of the rent, but the landlord still wants the same rent, so whats in it for us? :huh:

Any advice is appreciated.

theartfullodger

Your contract (unless it says different) is with your landlord: Check who is named as landlord.

If the landlord wishes to get rid of agent that is for him to decide: Bet he still has to pay the 12%, certainly there will be a fight..

He does not have to reduce rent from you.

Until & unless he provides written details of where to send £££ and proof he owns the place I would make not change where I send the money. Don't ask him what is happening with the deposit - if he fails to sort it properly you could benefit.

You are losing nothing legally - except maybe next point.

Does he live in UK?? (if not there's a tax issue..)

Ad86

Right ok.

If we switch to paying the landlord directly he will receive 100% of the rent and not 88%? There would be no one in between to take the 12%?

So we wont have to change/sign any kind of tenancy agreement again?

If i remember rightly the landlord is the named person on the agreement. Yeah he lives in the UK.

Thanks for your reply

Pixie5740

Your contract is with the LL. You have never had a contract with the LA. The LL has a contract with the LA. So your TA remains the same whether you pay the rent directly to the LL or if the rent goes via a LA to the LL. Your TA says your rent is £X and so it shall remain.

When the LL writes to you telling the change of bank details, you should also be given a new address for the serving of notices (this address should be in England or Wales assuming you live in England or Wales).

Any disagreements between the LA and LL are nothing to do with you so don't get drawn into it.

pyueck

Ad86 wrote: »

Right ok.

If we switch to paying the landlord directly he will receive 100% of the rent and not 88%? There would be no one in between to take the 12%?

So we wont have to change/sign any kind of tenancy agreement again?

If i remember rightly the landlord is the named person on the agreement. Yeah he lives in the UK.

Thanks for your reply

AD, your relationship is with the landlord, the agency simply works for the landlord.

This change should have no impact on you as a tenant. You don't need to do anything apart from pay your money to a different bank account.

With regards to the deposit, assuming your deposit is protected nothing needs to change from your side. If the landlord wants the money transferred from the agency to him, that is his issue not yours. At the end of the tenancy as always it is the landlords responsibility to refund you.

G_M

As eplained, your tenancy agreement is with the landlord.

He has chosen, up to now, to employ someone to collect the rent from you. Just as if the roof leaks, he could either fix it himself, or employ someone to fix it for him).

If he now chooses not to employ the agent, that is his choice. Nothing to do with you.

Your tenancy agreement remains the same. Your rent remains the same. the property you live in remains the same. The deposit you paid him originally (perhaps via the agent) remains the same.

He should write to you giving confirminh his decision and giving you new contact details for repairs etc, and rent payment details.

If the address you were originally given "for the serving of notices on the landlord" was c/o the agent, he should give you a new address.

Ad86

Excellent. So i'll just wait for him to forward us on the detail.

Thanks for the advice.

G_M

Ad86 wrote: »

Excellent. So i'll just wait for him to forward us on the detail.

Thanks for the advice.

If by any chance he approaches this informally (phone call, friendly chat) send him a polite letter asking him to confirm in writing the various points above.