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Is this legal? what is the next step to take?
Awura
Posts: 1 Newbie
I am currently living with my husband and three kids, all under 10 years old in a rented apartment for almost 2 years. I pay my rent regularly without even a single default. I just received a letter from the agent who manages my landlord's property that the landlord has asked them to give me two months' notice to quit the property. I confronted the landlord and he confirmed that he wants to manage the property himself and does not want the agent to do so on his behalf anymore.
He further mentioned that he will not let us quit the property but he is now going to give me a new contract and the money will be paid into his account directly by me. I would like to find out if this is legal. If so what is the next step I need to take to be sure I don't get any disappointment from the landlord?
He further mentioned that he will not let us quit the property but he is now going to give me a new contract and the money will be paid into his account directly by me. I would like to find out if this is legal. If so what is the next step I need to take to be sure I don't get any disappointment from the landlord?
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Comments
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If he just wants to change where the rent goes, of course that's legal. Up to him whether he uses an agent or not.
Why does he want you to sign a new contract though? Don't sign it if you're not happy with it.3 -
This sounds really stressful!Did the agent give you a formal section 21 notice to leave the property? Or was it just a heads up. (This is how landlords terminate under section 21 - https://theindependentlandlord.com/resources/property-investors-glossary/section-21-notice/ )It sounds like the landlord is trying to sack his agent by the back door, without giving them whatever notice is due under their contract, pretending you’re leaving. He needs to be honest with the agent, but that is a matter between him and his agent.If it was a section 21 notice, the important thing is to get it in writing from that landlord that he withdraws the s21 notice. There is no need to sign another agreement. You can stay in place with the existing one. Also, ask him for a letter confirming the new rent payment details.The deposit will stay in place for as long as you are there. The landlord will need to make sure his name is put on the registration (transferred from the agent), if that’s how it was registersHe might well want you to sign another fixed term agreement. That should be ok, but do check it against the original one for any differences.Hope that helps.0
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Confused by your post, has he asked you to leave or not? Don't sign a new contract, just accept change of managing agent from a firm to him. Does he live abroad? Tax rules apply if he does. What about maintenance? Were the agents doing this as well, have you had cause to use their repair/maintenance for anything? Will the landlord be as responsive?Awura said:I am currently living with my husband and three kids, all under 10 years old in a rented apartment for almost 2 years. I pay my rent regularly without even a single default. I just received a letter from the agent who manages my landlord's property that the landlord has asked them to give me two months' notice to quit the property. I confronted the landlord and he confirmed that he wants to manage the property himself and does not want the agent to do so on his behalf anymore.
He further mentioned that he will not let us quit the property but he is now going to give me a new contract and the money will be paid into his account directly by me. I would like to find out if this is legal. If so what is the next step I need to take to be sure I don't get any disappointment from the landlord?Signature on holiday for two weeks1 -
A landlord is free to change agents, stay with the same agent or do it themselves.
Bit of hassle for you in that you will most likely have to change the bank details where the rent payment goes, and also contact the landlord direct rather than the agent if there are any queries / problems, but otherwise everything should stay the same.1 -
See bold below plus
* which country?
* tenancy type? Fixed term? start and end dates please. Or periodic (rolling)?
Read the contract and decide if you like it.Awura said:I am currently living with my husband and three kids, all under 10 years old in a rented apartment for almost 2 years. I pay my rent regularly without even a single default. All irrelevant
I just received a letter letter or S21 Notice? from the agent who manages my landlord's property that the landlord has asked them to give me two months' notice to quit the property. I confronted the landlord and he confirmed that he wants to manage the property himself and does not want the agent to do so on his behalf anymore.
So sounds like he will not enforce the S21 by going to court since he wants you to stay. If so, ignore the letter from the agent.
He further mentioned that he will not let us quit the property how can he stop you leaving provided you serve proper notice?
but he is now going to give me a new contract
Up to you whether to sign or not. Your existing contract remains valid (whether fixed term or periodic).
However the new contract may give you more security eg if it is a longer fixed term).
Read the new contract carefully but if you don't like the terms, don't sign and remain on existing contract
and the money will be paid into his account directly by me.
Perfectly legal. He is your landlord so he decides who you pay- himself or someone (agent) on his behalf. Any instruction to change though should be clear, in writing, and signed by the LL
I would like to find out if this is legal. If so what is the next step I need to take to be sure I don't get any disappointment from the landlord?
Make sure any new instruction is clear and signed by the LL.
Note, legally, if you sign a new contract after being served a S21 Notice, the S21 will become invalid.1
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