Rented Property Change of Management Company

FBaby

I would do NOTHING until you have heard that it is ok directly from the Landlord. You have an address for them, so write to them.

Be very careful of scams like this. I'm sure I read about something very similar recently and it turned out that none of the rent was going to the LL.

Butts

FBaby wrote: »

I would do NOTHING until you have heard that it is ok directly from the Landlord. You have an address for them, so write to them.

Be very careful of scams like this. I'm sure I read about something very similar recently and it turned out that none of the rent was going to the LL.

Thanks for your counsel but I am aware this is not a scam. I live in a property that has been converted into 3 Flats. As the other two became vacant The Landlord started using the new Management Company rather than the existing one I was with.

The Link between the old and new Agents is the Maintenance Man / Company who performs the repairs as and when required directly for The Landlord.

Butts

Comms69 wrote: »

Yes it is again by far the most common way to become periodic.

So should the start date on a Tenancy Agreement with the new Agent
be the original date my Tenancy commenced with the Landlord and the old Agent ? - ie so it is a continous tenancy.

G_M

1) do not sign anything

2) there is no need for a new tenancy agreement. You have a perfectly valid contract with your landlord which does not end just because he changes agent

3) the new agent has their own preferred tenancy agreement contract, so prefers to use it, but it is up to you to agree, or continue tthe existing agreement

4) the fact that your current contract is periodic is irrelevant - the contract terms are the same as the contract you originally signed

5) if you want a new contract (eg you'd like the security of a new fixed term) AND the terms (rent, notice period, other obligatons etc) being offered suit you, then by all means sign. But if there are blanks in the contract (eg the date, rent etc) fill them in. Initial each page so no page can be substituted. Also, if a fee is suggested for this, just stick with your current (periodic) tenancy agreement

6) Do not start paying rent to anyone new without proper written notice. I would request this, in writing, from the landlord. An alternative might be written notice from the new ageent, which includes a copy of the contract they have with the landlord. How else would you know some Tom, !!!! or Harry (or even me) was not asking you to pay rent to them???

7) your existing (valid) tenancy agreement, contains an address "for serving notices". Until this is formally changed that is where you must send all forrmal communiction. Write (a letter) addressed to the landlord and send it to that address (ie c/o the original agent's address). Send a copy (separate letter) to the original agent. Send a 3rd copy direct to the landlord in Australia since you have his address. And a 4th copy to the new agent. So - 4 identical letters sent to 4 addresses.

8) your letter should make clear you are setting the rent to one side, to pay later, once you have formal clarification of
a) where the landlord wants rent paid
b) what the landlord's formal address in England Wales is for serving notices
c) who to contact with issues (eg repairs) and how

Butts

Thanks, I have written the missives so will await the outcome and update.

Butts

Butts wrote: »

Thanks, I have written the missives so will await the outcome and update.

I received this E-Mail from the new Management Company so have held on posting the above.

"The Landlord has instructed us to manage the property and it is not usual practice for the landlord to inform you as the tenant as the agreement is between the landlord and the agency not the landlord and the tenant.

We will require a new tenancy agreement to be signed as we will be managing the property going forward should you wish to remain in the property.

If you no longer wish to remain in the property and vacate as we are managing it you are more than welcome to do so."

NB- All grammar and syntax as it arrived. If their actions are outwith the law surely they would be crazy to commit them to paper as above. Mainly with regard to the landlord being responsible for informing a tenant about a change in the management agent and having to sign a new tenancy agreement if the current one is still valid.

So what legal recourse do I have ? - I don't think the agent is a member of ARLA !!

buggy_boy

Butts wrote: »

I received this E-Mail from the new Management Company so have held on posting the above.

The Landlord has instructed us to manage the property and it is not usual practice for the landlord to inform you as the tenant as the agreement is between the landlord and the agency not the landlord and the tenant.

We will require a new tenancy agreement to be signed as we will be managing the property going forward should you wish to remain in the property.

If you no longer wish to remain in the property and vacate as we are managing it you are more than welcome to do so.

NB- All grammar and syntax as it arrived. If their actions are outwith the law surely they would be crazy to commit them to paper as above. Mainly with regard to the landlord being responsible for informing a tenant about a change in the management agent and having to sign a new tenancy agreement if the current one is still valid.

So what legal recourse do I have ? - I don't think the agent is a member of ARLA !!

Just politely reply stating that because they could be a scammer you will wait for confirmation from the landlord to safeguard his and your money...

If you want to sign the new contract ask them to fill in all the details before signing, but you really dont have to.. If you do not want to sign the new contract just tell them you decline the offer of a new contract and will continue on the current periodic tenancy agreement, it may be courteous to offer to send them a copy of the tenancy once the landlord has confirmed they are the managing agent as this could be the reason they want you to sign a new tenancy if the old management company has not given them a copy...

buggy_boy

With regards to recourse, there is nothing to recourse at the moment, their position of sign the new tenancy or leave is not correct... You have a valid contract, it would be up to them to issue you with an eviction notice... They don't seem to be threatening to do this... I think your actions are reasonable... Can you ask the old management agent for an email for your landlord as this may be quicker than a letter?

Butts

buggy_boy wrote: »

Just politely reply stating that because they could be a scammer you will wait for confirmation from the landlord to safeguard his and your money...

If you want to sign the new contract ask them to fill in all the details before signing, but you really dont have to.. If you do not want to sign the new contract just tell them you decline the offer of a new contract and will continue on the current periodic tenancy agreement, it may be courteous to offer to send them a copy of the tenancy once the landlord has confirmed they are the managing agent as this could be the reason they want you to sign a new tenancy if the old management company has not given them a copy...

As I mentioned above if the Landlord has an obligation to inform you of a change of Management Company they must be aware of this. Also with regards to the Tenancy that the current one is still valid the same applies.

Why would they flagrantly ignore these facts in writing when it could come back to haunt them?

buggy_boy

Butts wrote: »

As I mentioned above if the Landlord has an obligation to inform you of a change of Management Company they must be aware of this. Also with regards to the Tenancy that the current one is still valid the same applies.

Why would they flagrantly ignore these facts in writing when it could come back to haunt them?

The landlord is in Australia, unfortunately there are so many landlords that really don't understand their obligations and responsibilities. It gives landlords a bad wrap.

I suspect the tenancy agreement is coming more from the new management agent and is either because they don't have a copy of the tenancy agreement which could cause them problems or it could be they have a standard tenancy agreement and want that to be used, which I can understand, they are being asked to manage the property and they are relying on the previous management agents work in the form of the tenancy... Its like being asked to maintain electrical wiring someone else installed, you don't know if they did a good job or a bodge job.