Rented Property Change of Management Company

Butts

buggy_boy wrote: »

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.

So legally where do I stand if I refuse to accept the new management company until the landlord informs me of the change and refuse to sign a new tenancy agreement ?

IE Could I be evicted or would it be laughed out of court ?

buggy_boy

Stopping the rent is in your case legitimate... If you want to cover yourself setup a new bank account with your bank... pay in your rent to the new account this will show you are keeping the funds seperate ready to be paid when the legitimacy is found out... Any Judge would laugh it out...

When the new management company is confirmed not signing a new tenancy could be more tricky as they could if they wanted serve you 2 months section 21 no fault eviction notice if you dont sign... So will pay to be tactful around this subject.

Comms69

buggy_boy wrote: »

Stopping the rent is in your case legitimate... If you want to cover yourself setup a new bank account with your bank... pay in your rent to the new account this will show you are keeping the funds seperate ready to be paid when the legitimacy is found out... Any Judge would laugh it out...

When the new management company is confirmed not signing a new tenancy could be more tricky as they could if they wanted serve you 2 months section 21 no fault eviction notice if you dont sign... So will pay to be tactful around this subject.

Except ofcourse a letting agent cannot evict anyone.


A solicitor could attend court. A landlord can too. Both would have rights of audience.


A letting agent would not.

Butts

Comms69 wrote: »

Except ofcourse a letting agent cannot evict anyone.


A solicitor could attend court. A landlord can too. Both would have rights of audience.


A letting agent would not.

Obviously I am hoping the situation will be resolved amicably. I am awaiting confirmation from the Landlord that the new Managing Agents are bona fide and will then decide what to do about the Tenancy Agreement.

If as I suspect they turn out to be genuine and I refuse to sign their Tenancy Agreement insisting on using the existing one is the Landlord likely to give me notice ?

Comms69

Butts wrote: »

Obviously I am hoping the situation will be resolved amicably. I am awaiting confirmation from the Landlord that the new Managing Agents are bona fide and will then decide what to do about the Tenancy Agreement.

If as I suspect they turn out to be genuine and I refuse to sign their Tenancy Agreement insisting on using the existing one is the Landlord likely to give me notice ?

it's 50/50, or 90/10 or... no-one can tell you. Most landlord wouldn't care, as long as house is looked after and rent paid.


No landlord is going to want to pay a solicitor £800 to evict you though, nor are they going to want to fly half way round the world, stay in a hotel to attend the local county court

Butts

Just to update it turned out okay in the end !!

Landlord confirmed new managing agent and said it was up to me whether I signed a new Tenancy Agreement or not.

As I am an undischarged bankrupt I went for the six month new shorthold assured tenancy which covers me for 6 months minimum.
Don't want to have to be finding somewhere new until I am discharged. With the existing periodic tenancy it was a remote possibility they would find out and kick me out before discharge.

Added bonus for me new Managing Agent allows you to smoke in the Flat!! :eek:

harrys_dad

Butts wrote: »

Added bonus for me new Managing Agent allows you to smoke in the Flat!! :eek:

No, the landlord allows you to smoke in the flat, having presumably approved the terms of the new tenancy agreement you have signed.

Comms69

Butts wrote: »

Just to update it turned out okay in the end !!

Landlord confirmed new managing agent and said it was up to me whether I signed a new Tenancy Agreement or not.

As I am an undischarged bankrupt I went for the six month new shorthold assured tenancy which covers me for 6 months minimum.
Don't want to have to be finding somewhere new until I am discharged. With the existing periodic tenancy it was a remote possibility they would find out and kick me out before discharge.

Added bonus for me new Managing Agent allows you to smoke in the Flat!! :eek:

Just FYI eviction takes on average 40 weeks

G_M

Glad to hear it worked out well for you.

Now you just have to give up smoking. Not for the landlord, for your health!

Comms69

G_M wrote: »

Glad to hear it worked out well for you.

Now you just have to give up smoking. Not for the landlord, for your health!

Easier said than done though - OP contact a stop smoking service if you're struggling - you're 3 times as likely to 'stay quit' with their help