Letting agent issues

[Deleted User]

My son has Asperger's and PTSD and moved into his own flat around 18 months ago in an effort to be independent.

Now he has a partner and he has moved out of the flat but we have just become aware of some issues.

He gave notice to the letting agent on 4/3, he informed them he would leave the property at the end of March. On 5/3 they responded saying they were no longer the letting agent and didn't know who his landlord was. They said he should hear from a new landlord shortly. He never heard anything and so vacated the property at the end of March and out the keys through the door.
We then had a couple turn up on our doorstep yesterday asking for my husband by name and saying that this letting agency had given our details as parents of my son. They said that they didn't have the keys to the property and that until they had the keys and notice had been given my son was liable for the rent. I told them I would get a message to him bit that we don't see him much. In hindsight I am angry they turned up o our doorstep. We hardly have any contact with our son. We have never given the letting agent our details or permission for them to share our details with anyone. I guess our son out our address on his original application but am concerned under GDPR laws that this should not have been given to the new landlord. Anyway that's a separate issue that I will be taking up with the agent.
I contacted my son today and he forwarded me all the details that have gone between him and the landlord. There was no further contact from the letting agent and the last he heard from them was that they weren't the agent and didn't know who the landlord was. It was on this basis of hearing nothing from anyone that (in his Asperger's way!) decided best thing was to out the keys through the door. After our visit yesterday he emailed the agent today who have said he is being charged a daily rate as they haven't had the keys back. They did have a spare key to the property as my son used it last year when he locked himself out, so I don't understand why they are saying they can't access the property. They have also now told my son that they are now the letting agent. Their email today implies that they won't take his notice from 4/3 bit surely he complied with what was required in that date as he informed who he understood was his letting agent and hadn't been told that either the agent or landlord details had changed. Also if for a period they weren't the letting agent who does he owe rent to for that period.
All seems such a mess but he had problems before...the flat was sold previously and he only found out when he had another letting agent call at his door asking for a key to the property! If anyone has any advice I'd be really grateful.

Cakeguts

Unless you signed as a guarantor I can't see that any of this is anything to do with you.



You need to read the sticky by GM that tells you how to end a tenancy correctly or better still get your son to read it.

G_M

Assuming this is England.

1) does he have a written tenancy agreement? If yes, who is named as the landlord?
2) who has he been paying rent to? Why? When/how was he instructed to pay rent to this person/company? Has this instruction ever changed?
3) Has he ever been given, in writing, an address in Eng/Wales 'for serving notice on the landlord'?
4) Is he in a fixed term or periodic tenancy? What date(s)?
5) how did he serve notice?
6) what date did he serve the notice? What date was the notice to expire?
7) What action did he take when informed the agent was not acting for the landlord?
8) Did you act as guarantor for your son?
9) Has the property been sold? If so, what date? Did the new/old owner (or their agent) inform your son of the change of landlord as required by the LL & Tenant Act?On what date?


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

[Deleted User]

I have a 22 year old with Aspergers so I suspect something like this will happen to me one day (sooner rather than later lol).

I believe your son probably gave too short a notice period (usually one month if in a periodic tenancy) even if he had contacted the LA. Like if he wanted to move out end of March, he needed to give notice by end of February (but this also depends on his tenancy period).

BUT the new LA should have contacted him sooner to say who they were, as should the LL. The original LA actually should have told him who the LL was, but your son might not have known how to get them to do this if they weren't being helpful and possibly if they were no longer the LA, they might not have had to.
But an address for giving notice should have been on his tenancy agreement. If the old LA address was given in the TA as his LL's address and he hadn't been given any new details, he complied with this.

If this is ever taken to court, I am pretty sure a Judge will see the deficits in what the 2 LA's did as well.

But your son will need support. I suspect this is going to be very stressful for him. It could become a bit technical and scary for him. I know from experience, in spite of a need for growing independence, sometimes a helping hand is needed so your son can see how to handle situations.

Although I support my son's need for independence, I do keep a watchful eye on what is going on with him to prevent problems later on. I recently had to write a 3 point list (short) on what to say to DWP.., but he did it very well so that was a win. But he knows to contact me if something becomes difficult and he doesn't know what to do. I do try to get him to do as much as possible himself but communicating and understanding what other people are saying can be difficult for him so its a difficult line to walk. And yes, he can get angry with me, so I do get the difficulties.

To be honest, I think a parent has to do this with all their growing into adulthood children to some degree or other. My most difficult lesson has been to learn to listen a lot more and say an awful lot less than I used to lol.

I agree the new LA shouldn't have contacted you, but in your place I'd actually have been pretty pleased they have because I recognise my son is still early in his journey to total independence, but he is learning and becoming rapidly more so.