Letting Agency refusing to give details of landlor

MAbdi

Hi.

I am in a 6 month tenancy that is ending in April. In the past, all my tenancy went periodic after the initial 6 month term. However, in the current one, my letting agency sent me a request to renew my tenancy after only 3 months in the property or if I didnt want to do renew, vacate the property in the end.

I have had a lot of back and forth with them regarding periodic tenancies, and more flexible tenancy agreements. My main issue is that I am a young professional and (while I have no immediate plans of moving) need some degree of flexibility in case more interesting career opportunities arrive elsewhere. Under the current situation, I have an effective notice period of nearly 9 months (6 months fixed term tenancy period + signing a new 6 month tenancy 3 month before the expiry of the current one).

I understand that the landlord might want more security as a periodic tenancy would give me 1 months notice period in which time the landlord could struggle with finding a new tenant and have a loss of income. I have therefore proposed to set up a longer term tenancy with break clause that gives either party three month notice (which is ample time to find a new tenant if I leave). The letting agent refused, saying that the landlord will only accept standard 6 months or 12 months tenancies.

However, I find it difficult to believe that the landlord would want to lose a reliable tenant and put the property back on the market (losing income in the interim) just so they can have rigid contractual arrangements. And obviously the letting agent would have an interest in finding a new tenant so they can earn additional fees.

I therefore asked the letting agent if they can send me the contact details of the landlord so I can speak to them directly. The landlord is a company and my tenancy agreement only has a c/o address at the letting agent. However the agent refused to give me the details and told me instead that they have delegated authority to act on behalf of the landlord and they want to serve a section 21 notice if I don't agree to a renewal soon in order to "protect the landlord".

My question is, can they withhold the landlord contact details and what exactly is a delegated authority. Also, can the agent issue a section 21 notice or must this come from the landlord?

Pixie5740

MAbdi wrote: »

Hi.

I am in a 6 month tenancy that is ending in April. In the past, all my tenancy went periodic after the initial 6 month term. However, in the current one, my letting agency sent me a request to renew my tenancy after only 3 months in the property or if I didnt want to do renew, vacate the property in the end.

I have had a lot of back and forth with them regarding periodic tenancies, and more flexible tenancy agreements. My main issue is that I am a young professional and (while I have no immediate plans of moving) need some degree of flexibility in case more interesting career opportunities arrive elsewhere. Under the current situation, I have an effective notice period of nearly 9 months (6 months fixed term tenancy period + signing a new 6 month tenancy 3 month before the expiry of the current one).

I understand that the landlord might want more security as a periodic tenancy would give me 1 months notice period in which time the landlord could struggle with finding a new tenant and have a loss of income. I have therefore proposed to set up a longer term tenancy with break clause that gives either party three month notice (which is ample time to find a new tenant if I leave). The letting agent refused, saying that the landlord will only accept standard 6 months or 12 months tenancies.

However, I find it difficult to believe that the landlord would want to lose a reliable tenant and put the property back on the market (losing income in the interim) just so they can have rigid contractual arrangements. And obviously the letting agent would have an interest in finding a new tenant so they can earn additional fees.

I therefore asked the letting agent if they can send me the contact details of the landlord so I can speak to them directly. The landlord is a company and my tenancy agreement only has a c/o address at the letting agent. However the agent refused to give me the details and told me instead that they have delegated authority to act on behalf of the landlord and they want to serve a section 21 notice if I don't agree to a renewal soon in order to "protect the landlord".

My question is, can they withhold the landlord contact details and what exactly is a delegated authority. Also, can the agent issue a section 21 notice or must this come from the landlord?

No the letting agent cannot withhold the landlord's contact details. If you request the landlord's contact details in writing (that's a letter not an email) then the letting agent must supply those details by law under the Landlord & Tenant Act 1985.

The letting agent can issue a Section 21 on the landlord's behalf. However, a Section 21 does not end the tenancy, that can only be done by you (the tenant) or a court. The letting agent can't represent the landlord in court though so he'd have to do that himself or hire a solicitor. Would any right-minded landlord get rid of a paying tenant just because the tenant wouldn't sign a new fixed term contract?

There is no need to negotiate a periodic tenancy with the landlord or letting agent. You will automatically start a periodic tenancy the day after your fixed term ends. Therefore the best course of action might be to do nothing at all.

Read G_M's guide to Ending/Renewing an AST for further information.

elverson

It might be easier to get the owner's details via Land Registry for £3.

https://www.gov.uk/search-property-information-land-registry

Thrugelmir

Search for the Company at

http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo

Directors and the Company Secretary have to provide their details.

MAbdi

Pixie5740,

many thanks for your answer.

I have around 2 months until my fixed term ends and the letting agency wants to issue s21 soon if I don't agree to renewal. If I ignore them and they serve s21 should I ignore s21 too?

How is the process of a possession order? Does the landlord have to give me notice before applying for a possession order? I suspect that the a formal eviction might make it difficult to rent again and might also go on credit report?

I can rent elsewhere right now but it is just extra stress of moving and extra costs (new agency fees, removals, etc), while I do not even know if the landlord really wants me out or if the letting agency are just pursuing their own interests. On the other hand I don't want to risk getting a county court judgment against myself. Could you advise on this please?

Pixie5740

Please read the information in the link I provided as you will find most if not all of the answers you your questions there.

A formal eviction might make it more difficult to rent another property but then again if the landlord really wants you out will he make it difficult for you to leave? Possession orders have nothing to do with credit so no it won't appear on your credit files.

[Deleted User]

As already explained a S21 is just two month's notice so the LL can seek a possession order after the notice period is complete. How long eviction takes after that depends on how quick the LL files papers and how long the waiting list is for a court date. With me it was pretty quick but I hear in other areas it can take months. I was issued a Section 21, once that was up within two weeks I had a court date for the possession order, that gave another two weeks, then there was a gap of another couple of weeks, then I received the bailiffs warrant giving another two weeks before the bailiff came round. So it was about 14 weeks from start to finish from the moment the S21 was issued.

However, your best bet is to demand the LL's address as suggested. He/she may not even be aware the LA is doing this. LA's do do this to get more fees as they can charge for reissuing the TA, even though its just a date change really. My LL was pretty awkward, he wouldn't accept a periodic tenancy, said I had to sign a TA, but this is unusual. It does sound like the LA is misrepresenting the situation, but it also is a risk that the LL can't be bothered to interfere. LA's can be quite certain that what they are doing is right/legal, even though it isn't.

If the case does go to court I am afraid you will be expected to pay the court fees which will be around £500 for the possession order and bailiffs warrant. You will have to leave on the date the bailiffs come round. Up until that date you don't.

Annie35

It's worth noting the LL's address needs only be a UK address to serve notices, and it can be the letting agents. Is it not on your tenancy contract? Often they are it's worth looking their first then try land registry it's only £3 for the report so not too bad.

Bear in mind a company may have no day to day interest in the property so don't be surprised if you don't get anything back, but it's worth a try still isn't it.

@Deannatrois that's interesting your s21 took 14 weeks, even add on 8 weeks for initial notice & it's roughly half the oft purported 40 weeks process bandied around here! Also glad someone mentioned paying the fees! I can't imagine how stressful the whole process would be.

Comms69

Annie35 wrote: »

It's worth noting the LL's address needs only be a UK address to serve notices, and it can be the letting agents. Is it not on your tenancy contract? Often they are it's worth looking their first then try land registry it's only £3 for the report so not too bad.

Bear in mind a company may have no day to day interest in the property so don't be surprised if you don't get anything back, but it's worth a try still isn't it.

@Deannatrois that's interesting your s21 took 14 weeks, even add on 8 weeks for initial notice & it's roughly half the oft purported 40 weeks process bandied around here! Also glad someone mentioned paying the fees! I can't imagine how stressful the whole process would be.

14 weeks is very quick.


The delay is mostly due to court waiting times - 10-12 weeks for a court date is quite common

Pixie5740

Annie35 wrote: »

It's worth noting the LL's address needs only be a UK address to serve notices, and it can be the letting agents. Is it not on your tenancy contract? Often they are it's worth looking their first then try land registry it's only £3 for the report so not too bad.

The address for the serving of notice given in the tenancy agreement has to be in England or Wales, an address in Scotland or Northern Ireland is not sufficient

theartfullodger

Annie35 wrote: »

It's worth noting the LL's address needs only be a UK address to serve notices, and it can be the letting agents. ......

Two different "addresses" Annie.

a) There must be AN address in England or Wales (for tenancies in England or Wales) - "UK" as in Scotland or NI is no good - for the service of notices: Without one no rent is due. As you say it is quite commonly c/o Agent: Took me three goes with my letting agent to explain all this when renting out an English property but living in Scotland.

b) The tenant is entitled to the ACTUAL address of the landlord, wherever that is in the world, also (s1 & s38 of LL & T Act 1985)-
http://www.legislation.gov.uk/ukpga/1985/70/section/1
&
http://www.legislation.gov.uk/ukpga/1985/70/section/38

38 Minor definitions.

In this Act...

''address''; means a person's place of abode or place of business or, in the case of a company, its registered office;

- sadly almost never enforced through the courts and so many letting agents seem completely unaware of it (or say they are...)

These addresses, clearly may HAVE to be different.